Análise dos impactos no setor aéreo provocados pela cultura de judicialização no Brasil

Abstract

The growing number of lawsuits filed against airlines in Brazil has drawn the attention of both airlines and the relevant authorities. In view of this, the aim of this study was to analyze how lawsuits filed against Brazilian airlines can interfere with their growth, the development of the airline industry and the national economy. This research has a qualitative approach, a basic nature, exploratory objectives and bibliographic and documentary procedures. The results obtained indicate that, within the transportation modal, the majority of cases in this modal are related to airlines. In the field of aviation law, even though the Consumer Defense Code states that it does not exclude international treaties, the latter takes precedence over the Montreal Convention, which sets precedents for lawsuits against airlines. The results obtained from the documentary analysis indicate that lawtechs have encouraged the judicialization of airlines, which contributes to an increase in lawsuits and thus undermines the opportunity to resolve conflicts amicably through non-judicial means. Thus, it was observed that lawsuits have a negative impact on both companies and society in general, discouraging international investment in the sector, increasing the price of consumer services and increasing the number of connections. However, public authorities play an essential role in mitigating the situation, by taking measures such as technical cooperation agreements, publishing booklets and creating a platform for agreements between parties.