Controversial aspects in passenger and luggage air transportation contracts

Abstract

The purpose of this article is to analyze passenger and luggage air transportation contracts, which are legislated by different sources that have many contradictions and antinomies between them, especially when regarding compensations for material and moral damages. Identifying which legislation applies to what case demands a considerable amount of effort from law professionals. Thus, the objective of this paper is to examine divergent doctrinal interpretations and solutions adopted by Brazilian courts. Although the object of study may not be new, the growing use of air travel from the most varied social classes imposes constant pressure on Brazilian law to consolidate fair solutions for both consumers and service providers. This study provides a theoretical, exploratory, and critical analysis from the logical deductive scientific method, which includes several methodological procedures, such as data collection, with emphasis on literature review, and legislative and jurisprudential bibliography. Furthermore, it is important to note, in the investigation, the harmonizing influence of the Constitution and its binding principles, especially regarding the principle of objective good faith.