For this reason, had to embark on another flight, they did not total contracted route. The decision

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For this reason, had to embark on another flight, they did not total contracted route. The decision is the 2nd Panel of Judges of the 5th Civil Chamber of the Court of the State of Goiás (TJGO), which unanimously vote followed the rapporteur, Judge Geraldo Gonçalves da Costa, and kept sentence 7th Civil Court of the district of Goiânia. The company, dissatisfied with the sentence, brought special appeal, huasing holding huasing that the passenger did not use of animal huasing transport container in the correct dimensions, surpassing the measures in relation to the width and height, and the Blue flights to Goiania not have air exchange system in the cargo hold, which could cause risk of death to the animal. In addition, the company claimed huasing that provided all sorts of easy communication, food and lodging in a suitable huasing place, reacomodando Jeane on another flight to Brasilia, allowing the animal it was carrying cargo compartments.
Finally, claimed that all the boarding impediment was the sole fault of the passenger, who has not provided the container in the correct parameters. According to the rapporteur, the company did not provide any new fact which would allow the reform of the sentence, so the request was denied.
He said on the record that the airline itself, by means of a document delivered to Jeane, said the 'cage' was within the permissible specifications.
"Therefore, one should avoid the thesis exclusive of aggravating the responsibility," huasing he said. The judge also noted that the constraints huasing experienced by Jeane at the time had to be removed from the flight, frustration over not arrived at their destination and not desired location permanently represent yes, injury to personal rights huasing and justify huasing compensation.
"The carrier activity is part of the so-called risk theory, according huasing to which one, by providing service on the market, is responsible for its healthiness. Therefore, in the case of personal rights, moral damages are present, so only the violation to the well legally protected legal, rendering unnecessary the proof of actual injury, "he emphasized.
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