This article examines the consumerist judicialisation
of air transport in Brazil compared to the United States, quantifying its
impact on the Brazilian airline industry and economy. It discusses relevant
legal and regulatory issues and evaluates their effects as triggers of
lawsuits, which have typically been won by consumers. Further, it explores the
resulting legal uncertainty, along with the Brazilian legal environment’s
transaction costs in the sector under the institutionalist school perspective.
As no public statistics are available in Brazil, the United States or
elsewhere, this study quantifies disparities in Brazil regarding the global
sectorial scenario by using the number of complaints per 100,000 passengers
boarded. In addition, onerous airline obligations in passenger assistance law
are applicable in situations beyond the airline’s control, such as flight
delays for meteorological reasons or as determined by airspace control.
The study proposes the following short-term
measures to mitigate the problem: the creation of minimum barriers to access to
justice; the criminalisation of the illegal exercise of the legal profession;
the elimination of specialised judicial courts at airports; and changes of
jurisdiction.
