A responsabilidade civil do transportador aéreo internacional.

Abstract

This paper deals with the civil liability of the international air carrier based on the provisions of the Brazilian Aeronautical Code, the Consumer Defense Code, the Civil Code and the Montreal Convention. In this context, it is asked: Which legislation should be applied to international air transportation based on the decision handed down by the Federal Supreme Court, in the judgment of Extraordinary Appeal n. 636.331 and Extraordinary Appeal with Appeal 766.618, the method of approach used is deductive and, with regard to the method of approach, bibliographical, through consultation of specialized literature and jurisprudence of the Federal Supreme Court, Superior Court of Justice and the Court of Justice of Rio Grande do Sul. It is of fundamental importance the study of the subject, seen that the Federal Supreme Court established an understanding to apply the Montreal Convention to the detriment of the Consumer Protection Code about compensation for loss of luggage and the statutory period.