The international air carrier liability within the context of Brazilian Supreme Court Extraordinary Appeal N. 636331/RJ

Abstract

This paper aims to bring forward the basic characteristics of international air transport agreements and the carrier’s liability for damages. This paper will also study the agreement within the context of Brazilian Supreme Court Extraordinary Appeal N. 636331/RJ. The Court based its understanding on Article 178 of the Federal Constitution of Brazil, in which international covenants apply to international air transport agreements, prevailing over the Brazilian Consumer Protection Code. For that, we will approach, respectively: characteristics of air transport agreements, with emphasis on international air transport agreements; the ruling on Extraordinary Appeal N. 636331/RJ; the historic framework which guided the Warsaw and Montreal Conventions and their main characteristics; precedents by the Brazilian Superior Court of Justice on this topic; and finally, possible economic consequences of this decision and its repercussion in the consumer environment. The methodology used was qualitative and bibliographical. It is concluded that the pricing of civil liability, in cases of loss or damage to luggage, as well as flight delays, in the international air transport contract, generates economic efficiency for the sector, and at the same time preserves consumers, from a collective perspective.