Minister Dias Toffoli, of the Federal Supreme Court, decided on Wednesday (26/11) the national suspension of all legal proceedings discussing compensation resulting from delays, cancellations or changes in flights.
Toffoli considered that class action lawsuits in this sector had caused “significant legal uncertainty.” Therefore, he considered it “appropriate to suspend the processing of all legal proceedings dealing with the matter discussed in the case on national territory, until the final ruling” on the matter.
The decision falls within the scope of Topic 1417 with general repercussions, meaning that it will have repercussions on the decisions of the Brazilian judiciary when there is a trial. In the plenary session, ministers must decide which legislation should prevail in these cases: the Consumer Protection Code (CDC) or the Brazilian Aviation Code (CBA).
This case was analyzed in an extraordinary appeal with an appeal filed by Azul Linhas Aéreas Brasileiras S/A, against the ruling by which the Fifth Civil Appeal Body of the Court of Justice of the State of Rio de Janeiro, based on the Consumer Protection Law, ordered the air carrier to compensate the passenger for material and moral damages, due to changes and delays in the itinerary of the contracted flight.
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Monotheism
In August, the special task force acknowledged the public repercussions. Therefore, the subject rapporteur ordered the suspension of consideration of all cases related to the same subject for the sake of unification. Toffoli said that the reasons given by both parties for the process draw attention to the huge increase in litigation in the aviation sector and the existence of conflicting decisions regarding similar situations.
In the process, the Minister cites data from the Brazilian Association of Airlines (Abear). According to the association, Brazil registers five thousand times more lawsuits than the United States. “The ratio is one share for every 227 passengers in Brazil, while in the USA this number is one share for every 1.2 million.”
This, for him, would jeopardize legal certainty, both if the issue were examined from the point of view of passenger air carriers, and also if the world of consumers of this service was highlighted.