No Brasil, cada vôo rende quase dois processos. Uma nova regra pode mudar isso

In Brazil, nearly every flight results in nearly two lawsuits. A new rule from the National Civil Aviation Agency (Anac) could change that. The regulator has updated its rules on flight delays and cancellations, emphasizing that airlines are not obligated to compensate passengers for material or moral damages in "fortuitous or force majeure cases."

This means that when the issue is beyond the airline's control, such as weather conditions or extreme events, the company's obligation is limited to providing meals and, if necessary, accommodation, without covering any travel-related losses. Experts believe that if the rule effectively reduces the number of lawsuits, more airlines might be attracted to operate in Brazil, increasing competition and benefiting consumers.

Gustavo Albuquerque, a partner at Pinheiro Neto and former ANAC general prosecutor, notes that Brazil had 1.8 lawsuits per flight, compared to one per 10,000 flights in the United States. The difference is staggering. The new standard provides a clearer basis for judges to deny compensation requests, gradually creating a jurisprudence that should help reduce the reliance on courts.

Currently, there are even apps to facilitate suing airlines, and the sheer number of lawsuits and uncertainties about final decisions encourages companies to settle, which in turn encourages more lawsuits. Internationally, Brazil has become a laughing stock due to the level of judicialization in the sector. Ricardo Catanant, a former Anac director, points out that it's difficult to explain to foreigners, as they see a much higher judicialization rate here.

This is a point that concerns them, especially low-cost carriers. For Catanant, the new rules address one of the main concerns of potential new entrants into the national market and bring Brazilian regulation closer to that practiced elsewhere. "There is now an excess of judicial decisions, and most are for moral damages, not financial damages," Catanant says.

One of the main reasons for flight delays and cancellations is weather-related risks, such as storms, winds, and rain. Holding companies responsible for compensation in these cases is "an economic disincentive to adopt a safer position," says Albuquerque. The resolution also reaffirms that passengers are entitled to meals in case of delays over two hours and accommodation after four hours, including transportation costs, even in cases of force majeure.

These obligations apply even in exceptional circumstances. The new regulation also defines that in exceptional cases, these obligations can be met through reimbursement of passengers' expenses. The new standards will take effect thirty days after publication.