Faced with a potential scenario of excessive litigation in Brazil’s aviation sector involving commercial aviation companies, the Federal Public Ministry (MPF) issued a technical note aimed at proposing improvements and contributing to the discussion on the matter.
The document was sent to the National Civil Aviation Agency (Anac), the Technical Committee for the Quality of Air Transport Services of the National Consumer Secretariat (Senacon), the Judicial Research Center of the Brazilian Magistrates College (CPJ/AMB), and the Brazilian Institute of Aeronautical Law (Ibaer).
Prepared by the Consumer Working Group (GT), linked to the Consumer and Economic Order Chamber of the MPF (3CCR), the note provides an overview of the current situation and proposes solutions based on the analysis of various factors contributing to the problem, as reported by Aeroin.
Technical Note
In the document, the MPF points out, for instance, that one of the factors contributing to the litigation of these issues is the lack of awareness or difficulty in accessing the Consumidor.gov platform. This platform allows consumers to independently, and without a lawyer, open a service protocol directly against an airline.
Another factor highlighted for the high number of lawsuits is the proliferation of legal services dedicated to predatory defense, the so-called “vulture websites”, which promise gains from lawsuits and advance compensation payments.
According to the technical note, airlines themselves could help reduce litigation, as the high number of claims against them arises, among other reasons, from inefficiencies in their customer service centers (SAC).
According to the MPF, these services, which are essential for conflict resolution, have been gradually and prematurely replaced by digital channels and automated assistance through chatbots, generating widespread dissatisfaction among consumers.
The MPF also advocates for greater integration within the National Consumer Protection System—comprising Public Prosecutors, Public Defenders, Procons, the National Consumer Secretariat (Senacon), and collective associations—to promote balanced public policies in discussions with regulatory bodies.
Excessive Litigation
According to a study by the Brazilian Association of Airlines (Abear), in 2023 alone, 243,000 lawsuits were filed against airlines. Data from the National Civil Aviation Agency (Anac) reveal that the regulatory body received more than 86,000 complaints about passenger air transport during the same period. According to industry entities, these figures place Brazil at the top of the list in terms of the number of lawsuits, accounting for 98.5% of global legal actions against airlines.
However, the MPF suggests a deeper and more critical evaluation of the claim that Brazil accounts for 98.5% of such actions worldwide. This is because comparisons are often made using the U.S. market and the European Union’s aviation sector as benchmarks, whose conflict resolution methods differ significantly from Brazil’s reality.
The MPF also questions the argument made by industry entities that excessive litigation results from easier access to the judiciary, such as the establishment of Special Courts within airports. For the MPF, extrajudicial negotiation is a fundamental premise of these courts, prioritizing quick, efficient, and free resolution of everyday conflicts, often hindered by airlines’ inability to attend hearings.
The document also references an incident in the state of Rondônia, where an airline ceased passenger and radiopharmaceutical transport services, citing that the high compensation values imposed by the courts negatively affected its operations.
Caution Advised
However, the MPF advises caution with this argument, noting that studies conducted by Rondônia’s Court of Justice point to different causes, such as a potential preference for more profitable routes or even a lack of evidence presented by airlines in lawsuits.
The technical note emphasizes that access to justice is a fundamental right, and the judiciary system is essential for safeguarding rights and resolving conflicts. However, it warns that an excess of unfounded lawsuits undermines this right, causing delays and overloads, with financial and social impacts, including potential repercussions on airfare prices.
Nevertheless, the MPF considers any measure…
