Legislation Applicable To Air Transportation Contracts In Brazil

Certainly, an examination of litigations arising out of the breach of international air transportation contracts, quite commonly, makes reference to discussions on the opinion of jurists and the case law on the legislation applicable to the case. This is so because there is a series of international treaties addressing the subject, which are adopted and followed by several countries in the world.

However, in view of other specific legislations in Brazil, as the Civil Code and the Consumer Protection Code, several Courts do not apply the international treaties ratified by Brazil and apply the Brazilian legislation, what causes certain astonishment and recklessness to foreign companies established in the country to provide their services, as it is the case of airline companies.