Una mirada comparada sobre la protección y la prohibición de la tauromaquia
ISSN: 1988-5091
Ano de publicación: 2023
Número: 34
Tipo: Artigo
Outras publicacións en: Revista general de derecho público comparado
Resumo
Bullfighting is being increasingly persecuted by anti-bullfighting sectors that can compel the action of the public authorities in this sense. Analyzing the comparative constitutional jurisprudence, we can determine that its defense, on occasions, is more based on political arguments than on objective legal interpretations. From this analysis we conclude that the Constitution does not protect the existence of bullfighting as a cultural and artistic expression, and it is the legislator who can freely safeguard or proscribe it. This does not prevent us from offering an anthropocentric vision as opposed to animalistic biocentrism, based on the values of pluralism and freedom. The different attempts at prohibition are also approached as conflicts of competence and not only as an apparent conflict between the misnamed "animal rights" and the rights and freedoms themselves.