A sad fact that covered the news in Brazil and shook animal owners was the death of the dog Joca. The animal would travel from São Paulo to Mato Grosso, accompanying its owner. Unfortunately, his transport was inefficient, negligent and without due care, which led to his death. His boarding took place on the 22nd, initially the transport would be in the cities of Guarulhos (SP) and Sinop (MT), lasting 2 hours and 30 minutes.
However, due to transport failure, the animal ended up in Fortaleza (CE), an 8-hour journey.
Joca spent around 1 hour and 30 minutes on the loading and unloading runway, with a temperature of around 36°C, inside the kennel without eating or drinking water, according to his owner.
The air transport contract is a bilateral agreement between the passenger (or customer) and the airline (or carrier). In this agreement, the airline undertakes to transport the passenger from one place to another on an aircraft, upon payment of a fee. The carrier’s obligation only ends upon delivery.
Customers have the right to have access to information about the flight, such as time, route and baggage conditions; be transported safely, receive food and accommodation in case of flight delay or cancellation and compensation in case of damage caused by the transport service.
When transporting animals, the airline must invest in adequate infrastructure, ensuring adequate temperature, ventilation and safety conditions. In addition to training professionals to handle animals safely, providing water and food at regular intervals during transport,
In Brazil, the animal cause has been gaining prominence and we already have animal rights. Animal rights are an extension of human rights, which seeks to guarantee rules and behaviors that ensure respect and protection of animals against mistreatment and other cruel acts.
The 1988 Federal Constitution, in its article 5, paragraph XVI, prohibits the practice of cruelty against animals. Furthermore, several federal, state and municipal laws were approved to protect animals, such as the Environmental Crimes Law (Law No. 9,605/1998) and the Animal Protection Law (Law No. 11,794/2008).
Law 14,064, of September 29, 2020, also known as the Bichinho Law, amended the Environmental Crimes Law (Law nº 9,605/1998) to increase the penalties for those who mistreat dogs and cats. Based on this law, anyone who commits this crime will be punished with 2 to 5 years in prison, a fine and a ban on custody. If the crime results in the death of the animal, the penalty can be increased by up to 1/3.
There is still much to be done to ensure full respect for animal rights in Brazil. However, legal recognition that animals are sentient beings and deserve protection is an important step in building a more just and ethical society.
