REGULATION OF BRAZILIAN AIR TRANSPORTATION AND FUNDAMENTAL RIGHTS: LEGAL CHALLENGES IN THE TRANSPORTATION OF EMOTIONAL SUPPORT ANIMALS

Abstract

The growing recognition of mental health and psychological well-being has intensified legal debates regarding the institutional recognition of emotional support animals, particularly in regulated contexts such as air transportation. In this scenario, questions arise concerning the compatibility between passengers’ fundamental rights, aviation safety requirements, and the regulatory norms governing the transport of animals on aircraft. This study aims to analyze the legal challenges related to the regulation of air transportation of emotional support animals in Brazil, considering its implications within the framework of fundamental rights and the normative organization of civil aviation. The research adopts a literature review methodology, based on the qualitative analysis of recent scientific studies addressing legal, social, and regulatory aspects related to the subject. The findings indicate that the social recognition of emotional support animals is closely linked to the psychological benefits associated with the human–animal relationship, while also revealing regulatory gaps that may generate conflicts among passengers, airlines, and regulatory authorities. It is concluded that the development of clearer and more balanced regulatory frameworks is essential to ensure legal certainty, protect fundamental rights, and maintain the proper organization of air transportation in light of contemporary social transformations.