Post by account_disabled on Jan 25, 2024 6:34:52 GMT
The international air transport market has reached a high level of development in recent decades: increased capacity, efficient aircraft, new routes and airport expansion, among others. In the same vein, the number of disputes also increased. The situation in which the aircraft of a Brazilian company lands on American soil carrying a French passenger who purchased the ticket while in transit through China is not unlikely. The tangle of relationships that form in this market is extremely complex and dynamic. Therefore, it cannot be considered that the operation of international air transport companies will be regulated without a minimum of standardization.
Among the numerous topics that seek Buy Phone Number List uniformity, there is the international transport of passengers and civil liability issues, mainly with regard to baggage, covered by the Warsaw and Montreal Conventions, of which Brazil is a signatory. In Brazil, however, jurisprudence had been diverging on the prevalence of international conventions or the Consumer Protection Code in cases of international passenger transport. Consumers defend the application of CDC standards to consumer cases, under penalty of seeing article 5 of the Federal Constitution, in its section XXXII, vilified, in addition to violating the principle of hierarchy between standards of the legal system and consumer hyposufficiency.
Airlines and entities representing the sector claim that these consumer relations are of a specific nature, which is why article 178 of the Constitution must be applied, which establishes obedience to international agreements ratified by the country in ordering air transport and observing the principle of maintenance of the economic order, also protected by the Constitution. The issue is not simple and the Judiciary's position on the matter has a direct and obvious impact on the operating costs of airlines, passing on the increase in this cost to the passenger and, consequently, the flight of investment in the commercial aviation sector. The prevalence of the CDC over international conventions to settle disputes whose object is the international air transport of passengers results in a lack of legal certainty and predictability in the specific consumer relationship.
Among the numerous topics that seek Buy Phone Number List uniformity, there is the international transport of passengers and civil liability issues, mainly with regard to baggage, covered by the Warsaw and Montreal Conventions, of which Brazil is a signatory. In Brazil, however, jurisprudence had been diverging on the prevalence of international conventions or the Consumer Protection Code in cases of international passenger transport. Consumers defend the application of CDC standards to consumer cases, under penalty of seeing article 5 of the Federal Constitution, in its section XXXII, vilified, in addition to violating the principle of hierarchy between standards of the legal system and consumer hyposufficiency.
Airlines and entities representing the sector claim that these consumer relations are of a specific nature, which is why article 178 of the Constitution must be applied, which establishes obedience to international agreements ratified by the country in ordering air transport and observing the principle of maintenance of the economic order, also protected by the Constitution. The issue is not simple and the Judiciary's position on the matter has a direct and obvious impact on the operating costs of airlines, passing on the increase in this cost to the passenger and, consequently, the flight of investment in the commercial aviation sector. The prevalence of the CDC over international conventions to settle disputes whose object is the international air transport of passengers results in a lack of legal certainty and predictability in the specific consumer relationship.