The Ministry of Ports and Airports (MPor) and the National Civil Aviation Agency (Anac) met with representatives of the airlines GOL, Latam, Azul Linhas Aéreas and the Brazilian Association of Airlines (Abear) to define more effective actions in related procedures to the transport of animals, establishing a study on a new National Policy for Air Transport of Animals.
According to the ministry, the society listening process will be coordinated by Anac, which will hold a hearing through social participation channels next week to review and improve Ordinance No. 12,307/23, which provides for the general conditions for the transport of applicable animals. to air passenger transport, domestic and international.
During the meeting, the companies committed to presenting, within 10 days, proposals and suggestions to improve the aforementioned ordinance and, on an emergency basis, they will study the feasibility of implementing the traceability service for animals transported in aircraft holds.
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MPor also informed that it will invite representatives from the National Congress to a meeting next Tuesday (30), with the aim of seeking suggestions to improve the quality of the animal air transport service in the country and analyzing bills, which are in progress. in the National Congress, relating to the topic.
Based on the issues presented by society, Parliament and airlines, MPor will launch, in the first half of the year, the National Policy for Air Transport of Animals, aiming to guarantee greater safety and well-being for animals transported across areas in Brazil.
History of tragedies
The death of Golden Retriever Joca, last Monday (22), on a Gol plane, once again raised questions about the quality of animal transport services provided by airlines.
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The dog should have been sent to Sinop, in Mato Grosso, but was shipped to Fortaleza, in Ceará. When he found out, tutor João Fantazzini returned to Guarulhos (SP) to meet Joca, who was returning from Fortaleza. But he found the animal already dead inside the company’s kennel, in a metal box where it had been transported. The guardian accuses the company of negligence.
Gol admitted that there was an operational failure in transporting the dog that traveled to the wrong state. In a statement, the company states that it accompanied the animal throughout the journey and that the death was unexpected, already in São Paulo.
According to the death certificate, Joca died from a cardiorespiratory arrest, but the reasons have not yet been clarified. Gol claims to be offering support to the tutor and investigating what happened on the transport back to São Paulo. Furthermore, the company decided to suspend the transport of animals for 30 days.
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But this problem is not new. Two years ago, another Golden, the puppy Zyon, was sent from Guarulhos to Rio de Janeiro by Latam, but he died before he even met his new owner. Soon after, the company had another problem with the transport of Weiser, an American bully boarded in Guarulhos heading to Aracaju, in Sergipe. The animal also arrived dead at its destination.
The two cases generated outrage and forced the suspension of Latam’s service at the time, which only resumed operations two months later with a restructuring of the transport of animals taken on the airline’s aircraft.
From then on, Latam only accepts pets from 16 weeks (four months) of age on flights, and no longer 8 weeks, as was the case with Zyon. The company also started to adopt new rules for the boxes where animals are stored both in the cabin and in the holds of planes during flights. Therefore, the kennel must be large enough for the pet to be able to stand with a distance of 5 cm from the ceiling and also be able to rotate around its own axis.
In the airplane cabin, the animal can currently be carried in two types of boxes: in the kennel or in a flexible bag. This year, Latam decided to make life even easier for owners of small pets and suspended the maximum weight requirement to go inside the aircraft cabin. Before, it was only up to 7 kilos to fly on board. Even though it was small, if it exceeded the limit, it would go to the basement.
In the case of shipping pets, via Latam Cargo, only animals that are inside fiberglass, rigid plastic or wooden boxes will continue on the journey — in the latter case, large breeds will have to be in a model 82 kennel. At airports, accepted boxes may be made of fiberglass or rigid plastic.
The problems so mobilized public opinion that, since October last year, the National Civil Aviation Agency (Anac) established new rules for the air transport of pets and emotional support animals on international domestic flights. The standards take into account rules of veterinary medicine, which indicate the need to carry out a check-up on the animal before traveling, update its vaccinations and, above all, choose an ideal transport crate for the animal’s size, as this will guarantee its safety and well-being.
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It was also determined by the agency that the transport of a guide or emotional support dog is allowed inside the cabin free of charge, upon presentation of the animal’s identification and proof of training. The dog must lie on the floor of the aircraft, close to the owner, and must be equipped with a harness, but does not need to wear a muzzle.
Transportation of other animals may be charged and sent to the hold depending on their size. The limits on sizes and materials used in transport boxes are determined by the companies, according to the characteristics of the aircraft. But Anac remembers that the airline has the freedom to choose whether or not to transport animals.
What can tutors do?
If there are problems, tutors can follow certain paths, according to experts interviewed by the InfoMoney. According to Adib Abdouni, constitutional and criminal lawyer, the poor service provided by the airline, without the necessary care to transport a live animal in the baggage department and without preserving its physical integrity, constitutes moral damage. Therefore, the guardian can sue the company for this loss in court.
“It is the objective responsibility of a company to guarantee its service, which is why it is possible for the guardian to justify filing a lawsuit in order to obtain compensation, in accordance with article 186 of the Civil Code and article 6, VI, of the Consumer Protection Code, with a view to , at least, to alleviate the anguish and sadness that fell upon him with the death of a member of his family.”
The lawyer and partner at Goulart Penteado Advogados, Victor Hanna, adds that when you decide to transport animals, which is optional according to Ordinance No. 12,307 of August 25, 2023, issued by ANAC, airlines charge for the service and establish responsibility for what it offers.
“In view of the increase in the number of multispecies families, companies are paying more attention to safety and improving the provision of this type of service, even allowing smaller animals to travel with their owner in the cabin”, he explains.
Furthermore, Hanna mentions that, in many cases, the animal is loaded last and unloaded first, being picked up and delivered individually by a trained employee. “But it is essential that airlines fulfill their obligation and responsibility with adequate conditions to carry out the trip as smoothly as possible. And in cases involving the death of animals, it is important to determine whether, in fact, the airline adopted all safety measures before and during air transport.”
According to the expert, if it is concluded that the company was responsible for what happened, it is important that the consumer initially seeks a direct dialogue with the company, through the channels available, before proceeding to file a compensation action. .
