Full Case Name:  Resolución N° 13, Juzgado Civil, Sede la Merced, Petunia, the pig (2022) - Peru

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Country of Origin:  Peru Court Name:  Juzgado Civil, sede la Merced, Chanchamayo Primary Citation:  Resolución N° 13, Juzgado Civil, Sede la Merced, Petunia, the pig (2022) - Peru Date of Decision:  Wednesday, March 16, 2022 Judge Name:  Augusto Pedro Balbin Solis Docket Num:  Expediente: 00070-2018-0-3401-JR-CI-01
Summary: The case concerns a legal dispute between the plaintiff and the District Municipality of San Ramón over the plaintiff's right to keep her pet pig, Petunia, at her dwelling. The plaintiff filed an Amparo petition to invalidate four administrative resolutions and dismiss an administrative sanctioning procedure that ordered Petunia's removal. She argued that the resolutions violated her rights to due process, personal development, and privacy, emphasizing the emotional bond with Petunia and Petunia's welfare rights. The lower court denied the Amparo, suggesting administrative procedures as the proper recourse. However, on March 16, 2022, the Juzgado Civil de La Merced granted the petition, invalidated the resolutions, and allowed the plaintiff to keep Petunia under good sanitary conditions.
Documents:  PDF icon Peru-2018-Petunia-pig-multispecies-family-compressed.pdf (21.94 MB) PDF icon Peru-2019- Petunia-pig-multispecies-family-segunda-instancia-Espanol.pdf (182.4 KB) PDF icon Peru-2021-Petunia-pig-multispecies-family-Resolucion 11-admision.pdf (113.96 KB) PDF icon Peru-2022-Petunia-pig-multispecies-family-resolucion-14-espanol.pdf (153.13 KB)

See summary in Spanish

This case revolves around a legal dispute between the plaintiff and the District Municipality of San Ramón regarding the plaintiff's right to keep her pet pig "Petunia" in her home. The plaintiff filed an Amparo petition seeking the invalidation of four administrative resolutions related to pet ownership. In addition, the plaintiff requested the dismissal of an administrative sanctioning procedure based on the plaintiff's violation of such resolutions, ordering the removal of Petunia from the plaintiff's home and her relocation outside the city. Lastly, the plaintiff requested authorization to keep Petunia under good sanitary conditions.

The plaintiff alleged a violation of her rights to due process, free development of personality, and personal and family privacy, as the resolutions and subsequent sanctioning procedure did not allow her and her family to have Petunia with them, who was considered part of the family and with whom the plaintiff and her children had an emotional bond. Additionally, she argued that Petunia's welfare rights were also being violated.

The lower court denied the Amparo, stating that such a petition was inadequate when there was an appropriate procedural mechanism to protect infringed upon rights. Since the plaintiff could seek relief through an administrative procedure, the Amparo, in this case, did not proceed. The plaintiff exhausted all her procedural instances, and on March 16, 2022, through Resolution 13, Juzgado Civil de La Merced granted the petition, invalidated the administrative resolutions, and ordered the dismissal of the administrative sanctioning procedure against the plaintiff. Thus, allowing her to continue to keep Petunia under good sanitary conditions.

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