THE CIVIL AND CRIMINAL LIABILITY OF AIRLINES IN CASES OF DEATH OR MISTREATMENT OF TRANSPORTED ANIMALS: FOCUSING ON THE CASE OF THE DOG JOCA, WHICH OCCURRED IN 2024 AND GENERATED WIPREAD SOCIAL MOBILIZATION AND LEGISLATIVE DEBATES

Abstract

This article analyzes the civil and criminal liability of airlines in cases of death or mistreatment of transported animals, focusing on the case of the dog Joca, a golden retriever who died in April 2024 after being placed on the wrong flight by Gol Airlines. The study examines the evolution of legal protection for animals in Brazil, the regulatory framework for pet air transport, and the gaps in previously applicable law. It concludes that, in civil terms, the strict liability regime of the Brazilian Consumer Protection Code provides an effective instrument of redress for the animal's guardian, with a growing jurisprudential tendency to recognize moral damages for the disruption of the affective bond. In criminal terms, the requirement of intent to configure the animal abuse offense limits the criminal accountability of companies. Law n. 14.842/2024, known as the Joca Law, represented a significant normative advance, although institutional and legislative challenges for its full effectiveness remain.