Segurança Operacional na Aviação Civil: Os Riscos e as Responsabilidades pelo Extravio de Bagagem em voos Internacionais

• Autor(a) principal: Santos, Dayana Correia dos
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15911
• topic: Responsabilidade Civil; Convenção de Varsóvia; Transporte Aéreo Internacional; Dano moral; Indenização

The international air transport is governed by international treaties, particularly the Warsaw Convention, which, in turn, comes into conflict by stipulating compensation values with code defense of Brazilian consumers not allowing full reparations. Faced with this problem in this study we sought to address the conflict between norms that occurs in situations involving the liability of the air carrier internationally. Thus, the study brings up the discussion of the applicability of the code of consumer protection in the moral and material damage processes involving the carriage of persons, baggage and cargo in international airspace. It was found that scholars do not support the use of the superiority of the CDC on the international convention, but in matters of moral damage that does not treat the Warsaw convention, this should be applied. Analyzing case law concluded that there is no unanimity on the subject, perhaps through ignorance of the subject; many judged are made based on the CDC ignoring the Warsaw Convention. Not expected with this study advocate Convention against the code of Consumer Protection, on the contrary, it is necessary that both standards are used in harmony and can resolve situations that consumers of this type of transport can be repaired in case of damage. Keywords: Liability. Warsaw Convention. Material damage. International air transport. Compensation values.