The ANAC resolution, which strengthens the thesis, came into force at the beginning of October
With one of the largest pet populations in the world – 168 million, second only to China and the United States – Brazil is piling up cases in the judiciary as owners seek to secure the rights of their pets. One of the most common issues before state courts is whether animals should be allowed in airplane cabins, especially when they are considered emotional support.
According to lawyer Rafael Verdant, head of the Strategic Litigation team at the Albuquerque Melo firm, the absence of objective legislation sets a precedent for many theses.
“Without definition, the topic opens up space for different arguments, such as the autonomy of airlines, the safety of pets, passengers and crew,” he underlines.
Is there a regulation?
The absence of legislation does not mean the absence of regulation. Resolution no. 400/2016 of the National Agency for Civil Aviation (Anac) already recognizes the autonomy of airlines in dictating their own animal transport and shipping policies. In Technical Note 05/2017 the Agency had also defined that no company was obliged to transport animals.
Now, from 2 October, ordinance 12.370/2023, also from Anac, establishes the general conditions for the transport of animals, applicable to national and international transport. Among other definitions, the ordinance distinguishes an emotional assistance animal from a pet.
“The airline can offer transport services for these animals in the passenger cabin or in the baggage and cargo compartment of the aircraft. More than ever, it is up to the company to establish, with clear information, the applicable rules, such as the permitted weight, the number of volumes, the permitted species, the values and the procedure for shipping the animals”, underlines Verdant.
Boarding denied
Anac also provided that the airline may limit the number or deny the transport of pets or emotional assistance due to the capacity of the aircraft, incompatibility with the space available in the cabin or with the capacity of the cabin crew to provide assistance in emergency situations, or in cases where there is a risk to the safety of air operations.
“Furthermore, it has been established that the guardian of the animal to be transported must present, at the time of shipment or loading, proof of compliance with the health and hygiene requirements required by current legislation, and that the animal can be subjected to safety inspection”, specifies the lawyer.
Denying boarding, therefore, remains an option for airlines, especially when the passenger does not meet the boarding requirements established by the companies. Rafael Verdant admits that the topic is complex.
“But it is certain that we are moving towards the consolidation of the legal sense of greater autonomy of the airline, always guided by the prior establishment of express and clear rules”, he concludes.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
