Minister André Mendonça’s preliminary decision will be submitted to a Plenary referendum; legislation, from Rio de Janeiro, would come into force on Friday (29.nov)
Minister André Mendonça, of the Federal Supreme Court (STF), suspended on Tuesday (26.Nov.2024) a law in Rio de Janeiro that obliges Brazilian airlines to provide free transportation of emotional support or service animals in the cabin of aircraft on national routes that have the State as their origin or destination. Read the decision (PDF – 212 kB).
The decision was taken in the Direct Action of Unconstitutionality and will be submitted to a plenary referendum. State Law 10,489/2024, which would come into force on Friday (November 29, 2024), is questioned in the Supreme Court by the CNT (National Transport Confederation).
National policy
The CNT argues that the norm goes beyond the legislative competence of Rio de Janeiro, as it imposes an obligation that affects other States and even other countries. It also claims that the Union has exclusive competence to establish principles and guidelines for the national road system.
In the preliminary decision, Minister André Mendonça highlighted that the Federal Constitution is clear in establishing that the competence to legislate on aeronautical law, national transport policy guidelines, air navigation and transport is exclusive to the Union.
According to the minister, it was established in federal law that Anac (National Civil Aviation Agency) is responsible for regulating and supervising the operation of air services in the country. Within this regulatory competence, a resolution and an Anac ordinance regulate the air transport of animals, including those for emotional assistance and service animals, in aircraft cabins.
Given the proximity of the law’s entry into force, the minister considered it prudent to suspend its effects.
With information from .
