Civil liability of airlines for the death of animals during transportation: the urgent need to improve the legal protection of companion animals

Abstract

The air transport of companion animals in Brazil is governed by regulations issued by ANAC, as well as by the Consumer Protection Code and the Civil Code, which impose strict liability on airlines as service providers. However, recurring incidents involving the death or injury of animals suggest that the current legal framework may require improvement. This study aims to examine the civil liability of airlines in incidents involving companion animals during air transportation, in accordance with Brazilian legislation, and to assess the need for enhancing the legal framework to ensure more effective legal protection. The methodology employed is deductive, with a qualitative approach, based on a bibliographical review of relevant case law, legal doctrines, and applicable legislation. The research confirms the existence of regulatory gaps in this mode of transport. Although initiatives such as the Animal Air Transport Plan (PATA) and pending legislative proposals represent progress, the adoption of a consolidated legal framework is necessary to ensure safety for both animal guardians and their pets, as well as for airlines.