Minister Dias Toffoli, of the Federal Supreme Court (STF), decided this Wednesday (26) to order the national suspension of legal actions that deal with compensation for delays and cancellation of flights due to force majeure, such as bad weather.
The proceedings must be suspended until the Court’s final decision on the validity of compensation actions filed by passengers against the airlines involving the issue.
Toffoli’s decision was handed down in an action in which Azul Linhas Aéreas was ordered by the Rio de Janeiro Court to pay compensation for moral and material damages due to the delay and change of a passenger’s flight.
The minister highlighted that a definitive decision is needed, given the increased litigation in the airline industry and conflicting court decisions, factors that compromise legal certainty, according to Toffoli.
“In this context of mass litigation (and, possibly, predatory litigation) and, consequently, of enormous legal uncertainty, it seems to me to be completely convenient and opportune to suspend the processing of all legal proceedings that deal with the subject discussed in the case in the national territory, until the final judgment of this appeal”, decided the minister.
There is still no deadline for the Court’s final decision on the matter.
