Stj decides that airlines can refuse emotional support animals

According to the fourth class of Stj, emotional support pets do not equate, for example, the guide dog for monitoring passengers

The fourth class of the Superior Court of Justice (STJ) established it Airlines have the power to refuse to undertake the cabin of emotional petsif the criteria defined by the companies themselves are not satisfied.

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According to the Court, emotional support animals cannot be equated, for example, to guide the dogs used to support people with visual problems, who suffer rigorous formation, can control physiological needs and have their own identificationas determined by law 11.126/2005.

The ministers understand that, in the lack of specific legislation on emotional support animals, airlines are free to establish criteria for the transport of pets on national and international flights.

“They are not required to accept boarding, in the aircraft cabins, of animals that are not guiding dogs and that do not satisfy the limits of weight and height and the need to be packed in its suitcases,” said the speaker of the appeal, Minister Isabel Gallotti.

THE The decision was made unanimously by the rapporteur vote. In the case analyzed, An airline appealed by a sentence that authorized, in a vital way, boarding the national and international flights of two dogs Which, according to the tutors, would play the role of “emotional therapists”, providing comfort and help in the treatment of psychological and psychiatric diseases.

The Court also considered that although the transport policy of pets in the aircraft cabins follows the standardized sovereign of the airline, theThe limits should be relaxed with respect to the principles of reasonableness and proportionality.

Limits for the transport of pets to aircraft cabins

According to Isabel Galotti, airlines generally accept the transport of pets inside the aircraft cabin, But there are health and safety obligations, such as the weight limit and the use of adequate transfer boxes.

The rapporteur stressed that the exception to the standard is for guide dogs, This is not necessary to respect the weight limit or travel with specific accommodationas determined by law 11.126 of 2005.

“When it comes to a small animal (up to 10 kg) or the guide dog and there is no exception, spontaneously, from the airline, all other animals should travel in the basement of planes, inside specific boxes made for this type of transport,” said the minister.

The speaker also stressed that the fact that the owner presented that the animal would be intended for emotional support does not allow the violation of the service contract signed with the airline – And that the intervention of the judiciary in these cases could endanger the safety of flights and passengers.

Source: Terra

Ben

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.