STF decides that the deadline for claiming moral damages due to problems on international flights is 5 years

In a unanimous vote, the ministers of Federal Court of Justice (STF) decided, this Thursday 30, that actions for compensation for moral damage caused by the loss of baggage and the delay of flights must be brought within five years, as already provided for in the Consumer Law Code (CDC).

In situations where the loss is only material damage, the deadline falls to two years, because, according to the agreement of the ministers, it is necessary to respect the parameters defined in the Montreal and Warsaw Conventions, which limit the compensation for material damage caused in the context of international air transport

The Court’s judgment follows the appeal of a passenger who sued the airline Air Canada for a 12-hour boarding delay. After being convicted by the São Paulo court, she received compensation of R$6,000 for moral damage.

The case came to the STF after the company challenged the decision in an extraordinary appeal in lower courts. The passenger, however, underlined, in the embargo on this appeal, that her case did not concern material damage, but moral damage. It is therefore appropriate to apply the five-year period provided for in the Consumer Code, which was accepted by the ministers. The rapporteur of this action was the minister Luis Roberto Barroso.

Alaric Cohen

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