Responsabilidade civil das companhias aéreas em catástrofes aéreas: aspectos da recuperção judicial e indenização aos passageiros

Abstract

This paper analyzes the civil liability of airlines in cases of air disasters, focusing on the legal aspects of compensation for passengers and their families, as well as the challenges faced by companies undergoing judicial reorganization. The research is based on the premise that air transport, due to its inherent risks, imposes a strict liability regime on airlines, as established by the Civil Code, the Consumer Defense Code, and the Montreal Convention. Through the analysis of emblematic accidents such as GOL Flight 1907 (2006), TAM JJ 3054 (2007), and LaMia 2933 (2016), the study demonstrates that, although Brazilian law guarantees full compensation for material, moral, and existential damages, the effectiveness of such compensation is often compromised by economic, procedural, and institutional factors. Judicial reorganization, as provided by Law No. 11.101/2005, has proven insufficient to preserve the business continuity of airlines, which operate in high-cost environments and rely heavily on external credit, often leading to bankruptcy after tragedies. The paper also highlights the omission of regulatory agencies such as ANAC, DECEA, and INFRAERO, whose failures in oversight contribute to the occurrence of accidents, although they are rarely held judicially accountable. Brazilian jurisprudence has advanced in recognizing in re ipsa moral damages, joint liability within the supply chain, and the prioritization of indemnity claims, but still faces obstacles in standardizing compensation criteria and ensuring effective reparation for victims. The research concludes that civil liability cannot fall exclusively on airlines; the State must be held jointly responsible, and the regulatory model must be reformed to ensure preventive safety, reparative justice, and business sustainability. Brazilian civil aviation, by prioritizing profit over safety, perpetuates a system in which passengers are exposed to disproportionate risks, and compensation, although legally guaranteed, becomes a distant promise. The study proposes legislative and institutional reforms that place human dignity at the center of decision-making, ensuring that the right to life and compensation is not subordinated to market logic.