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Air Cargo Transportation Regime And Ruling 210: Does The Position of The Brazilian Supreme Court Complies With Brazilian Air Transportation Public Policy?
José Gabriel Assis de Almeida

Última alteração: 2023-10-02

Resumo


This paper is the result of an empirical research about the current air cargo transportation legal regime, after Ruling 210, enacted in November 2017, by which the Brazilian Supreme Court stated the application of 1999 Montreal Convention instead of the Brazilian Consumer Code in international air transportation. There is a legal debate in Brazilian courts about Ruling 210 being aimed only at passengers’ transportation or if it also encompasses cargo transportation. The research hypothesis is that, in practical terms, this discussion is irrelevant because, regardless Ruling 210, the Supreme Court of Brazil already defined that air cargo transportation was not ruled by the Consumer Code. The empirical research covered the Supreme Court decisions, handed down either individual by the Justices or collectively by the Bench. 193 decisions where found, representing all the decisions that were handed down after November 2017 and June 2023 about international air cargo transportation. Having already reviewed 110 decisions, the partial results show that although in most of the decisions the Supreme Court considers Ruling 210 applicable only to passengers’ cases and not to cargo cases, this is only due to the special characteristics of the Supreme Court Rulings system. Indeed, in most of the decisions in which the Supreme Court had to decide whether the 1999 Montreal Convention or the Consumer Code was applicable, the Supreme Court decided that the 1999 Montreal Convention was the rule of law to be observed in international transportation. The partial conclusion is that, in practical terms, Ruling 210 covering or not covering international air cargo transportation is an irrelevant discussion, since the Supreme Court jurisprudence says 1999 Montreal Convention should prevail over the Consumer Code in international air cargo transportation. The Supreme Court position is thus in compliance with the Brazilian public policy for air transportation.



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