Overbooking: uma análise crítica e comparativa das legislações brasileira e internacional sobre as práticas abusivas das companhias aéreas

Abstract

The present paper of conclusion of course approaches the theme Overbooking, with emphasis in the legal analysis and jurisprudential that circulates the subject. Initially, in order to understand its particularities, it is essential to highlight its nature as a result of the air ticket purchase contract - specifically an adhesion contract - which is imposed on consumers without them being able to negotiate it. Thus, the conclusion of the contract for the purchase and sale of air tickets creates between the airline and the passenger a consumption relationship, in which applies the contractual principles that exist in the Brazilian legal system. Based on this premise, were analyzed the abusive practices commonly imposed by airlines and the position of Brazilian law regarding the harm caused to consumers. By contrast, the legislation applicable to international air transport, the Warsaw and Montreal Conventions, provides for a tariff compensation system, which provides that damages caused to consumers will be repaired by pre-established and limited amounts. In addition, the aforementioned Conventions do not provide for compensation for off-balance damages. Brazilian jurisprudence, through the Federal Supreme Court, adopted the position in General Repercussion where international flights will be governed by international law, in disintonation with the Consumer Protection Code, which provides a standard of total compensation for damages.