Post by xyz3700 on Feb 27, 2024 5:55:31 GMT 1
Airlines have a duty to provide necessary assistance to passengers who are subject to mishaps. With this understanding, the 14th Private Law Chamber of the São Paulo Court of Justice ordered an airline to compensate two passengers for R$16,000 due to international flight delays. reproduction The airline only informed about the flight cancellation. For TJ-SP, the company did not demonstrate that it alleviated the inconvenience The women filed a claim for compensation for moral and material damages, which was partially judged in the first instance — only material damages were awarded. They appealed against the decision, claiming that the case was not a mere nuisance.According to the authors, the company only announced the cancellation of the flight, without offering any alternative to the situation.
For the rapporteur, judge Lígia Araújo Bisogni, the company did not present evidence that excludes its responsibility, in addition to not having alleviated the inconvenience. According to the process, the company offered re-accommodation on a flight that would depart the following day, but from another city, without providing material assistance. "The airline must, at a minimum, provide all necessary assistance to the passenger Chinese Malaysia Phone Number List who is subject to such setbacks, especially when connecting tickets have been purchased, with the need to relocate to a nearby flight in order to avoid further inconvenience to the person who contracted the service. transport", said the rapporteur. The judge also pointed out the fact that one of the women is elderly and uses a wheelchair, and considered the authors' distress and anguish upon realizing that they would not be able to reach the destination of the trip scheduled in advance.
According to the rapporteur, compensation for moral damages is appropriate, "in order to restore the distressing feelings they went through". The value of R$8,000 was set for each author.SpaccaLawyer and professor of Administrative Law at Faap, Marcio Pestana understands that the increased accountability of government officials for their actions in public administration is limiting the creativity of some public managers. In an interview with ConJur , he said that the recipe for being held responsible has left public managers inert, unable to take care of public affairs and, consequently, "not providing satisfaction to the public interest". Ranking ConJurWith 90.7 thousand hits, the most read text was the column "Senso Incomum", by jurist Lenio Streck, on Social Security reform. According to him, Congressman Samuel Moreira's report unconstitutionally withdraws and reduces social security rights of civil servants.
For the rapporteur, judge Lígia Araújo Bisogni, the company did not present evidence that excludes its responsibility, in addition to not having alleviated the inconvenience. According to the process, the company offered re-accommodation on a flight that would depart the following day, but from another city, without providing material assistance. "The airline must, at a minimum, provide all necessary assistance to the passenger Chinese Malaysia Phone Number List who is subject to such setbacks, especially when connecting tickets have been purchased, with the need to relocate to a nearby flight in order to avoid further inconvenience to the person who contracted the service. transport", said the rapporteur. The judge also pointed out the fact that one of the women is elderly and uses a wheelchair, and considered the authors' distress and anguish upon realizing that they would not be able to reach the destination of the trip scheduled in advance.
According to the rapporteur, compensation for moral damages is appropriate, "in order to restore the distressing feelings they went through". The value of R$8,000 was set for each author.SpaccaLawyer and professor of Administrative Law at Faap, Marcio Pestana understands that the increased accountability of government officials for their actions in public administration is limiting the creativity of some public managers. In an interview with ConJur , he said that the recipe for being held responsible has left public managers inert, unable to take care of public affairs and, consequently, "not providing satisfaction to the public interest". Ranking ConJurWith 90.7 thousand hits, the most read text was the column "Senso Incomum", by jurist Lenio Streck, on Social Security reform. According to him, Congressman Samuel Moreira's report unconstitutionally withdraws and reduces social security rights of civil servants.