Highlights

Loss of luggage is governed by international conventions

Thursday, May 25, 2017

The Plenary of the Brazilian Federal Supreme Court (STF) decided, in the joint judgment of the Extraordinary Appeal (RE) 636331 and the RE with internal appeal (ARE) 766618, that international treaties ratified by Brazil prevail over the Consumer Protection Code in the case of baggage losses and prescriptive periods connected to the consumption relationship in international air transport of passengers.

The approved thesis says that "under Article 178 of the Federal Constitution, international rules and treaties limiting the responsibility of air companies, especially the Warsaw and Montreal Conventions, are prevalent in relation to the Consumer Protection Code".

Read more: Transporte aéreo deve seguir convenções internacionais sobre extravio de bagagens