Responsabilidade civil do transportador aéreo concernente às indenizações face à existente antinomia entre a convenção de Montreal e o Código de Defesa do Consumidor

Abstract

Over the years, in view of the progressive evolution of air transport, it was possible to observe an increasing access of the population to this means of transport, thus arising the need to implement priority to protect this is the most vulnerable entity in the contractual relationship. International air transport is regulated by the Montreal Convention, to which Brazil is a signatory. In this way, the conventional standard outlines rules to be observed, imposing limits regarding, among others, the civil liability of the air carrier. It happens that, in the national law, we have the Consumer Protection Code, created in order to safeguard the constitutionally guaranteed right, defending the right of full compensation, if the full amount of the damage, according to its size, different from the Convention. Thus, the present article has the opportunity to explain under the conflict of rules, having been based on doctrinal researches on the referred subject, the antinomy that generated the promulgation of the judgment in Extraordinary Appeal 636.331 / RJ, finally recognizing the prevalence of the Convention under the Brazilian law, with respect to indemnities for the provision of international air service.