THE PRACTICE OF VAQUEJADA AND THE UNCONSTITUTIONALITY OF THE CONSTITUTIONAL AMENDMENT NO 96 OF 2017

Abstract

This article aims to analyze the cultural aspects of the practice of vaquejada, a regional sport originated from the Brazilian northeast. Approaching the incompatibility of the sport with the protection of the environment, especially its disagreement with clause 225,§ 1º, VII of the Federal Constitution. Highlighting the many legislative attempts to regulate the practice of vaquejada, including its characterization as cultural heritage. All which were declared unconstitutional. That led to the creation of the Constitutional Amendment no 96 in 2017, allowing an expedition to clause 225,§ 1º, VII, for practices considered cultural manifestations. Through doctrinal and jurisprudential studies, aims to discuss the apparent conflict between Constitutional interests, concluding in the unconstitutionality of the Constitutional Amendment no 96.