Análise da responsabilidade civil do transportador aéreo: da impossibilidade de limitação do dano moral pela convenção de Montreal

Abstract

After the analysis of the Institute of Civil Responsibility, it goes into accountability of the airlines and the various approaches given by the laws dealing with the subject. Although the Supreme Court ruled on the issue by establishing understanding on the theme of general repercussion 210, opting for the application of the Montreal Convention in cases of damage to the passenger caused by the loss or damage of luggage, there was room for a discussion, which generates divergence. in divergence of opinion by magistrates, born the objective of this study: would it be possible to include moral injuries in the limitation established by the international law? The conclusion is that it is impossible to limit off-balance sheet damages in this situation due to the constitutional protection granted and the very nature of the institute, as well as the negation of an extensive interpretation in this case. Concise presentation of the relevant points of the document, providing a quick and clear view of the content