RE 1394401: dano moral em viagens internacionais e limitação indenização; Convenções internacionais

Become a member of this channel and get benefits:    / @anotaçõesdeprocessocivil   RE 1394401/SP, Plenary, Rapporteur Justice Rosa Weber, decided on 12/15/2022 (General Repercussion – ) (Info 1080). Thesis established by the STF in Theme 1.240: “The Warsaw and Montreal Conventions do not apply to cases of non-pecuniary damages arising from international air transport contracts.” CIVIL LAW. CIVIL LIABILITY. NON-PECUNIARY DAMAGES ARISING FROM INTERNATIONAL AIR TRANSPORT CONTRACTS. INAPPLICABILITY OF THEME 210 OF GENERAL REPERCUSSION. DISTINCTION. NON-APPLICABILITY OF THE RULES PROVIDED FOR IN THE WARSAW AND MONTREAL CONVENTIONS. CONSTITUTIONAL ISSUE. MULTIPLIER POTENTIAL OF THE CONTROVERSY. GENERAL REPERCUSSION RECOGNIZED WITH REAFFIRMATION OF JURISPRUDENCE. EXTRAORDINARY APPEAL DENIED. 1. The understanding of the Court of origin does not diverge from the jurisprudence of the Supreme Federal Court, in the sense that the application of the limits of the Warsaw and Montreal Conventions, defined in the judgment of Theme 210 of general repercussion, is restricted to cases of compensation for material damages. 2. Extraordinary appeal denied. 3. The following thesis is established: The Warsaw and Montreal Conventions do not apply to cases of non-pecuniary damages arising from international air transport contracts. “Warsaw Convention” - international treaty, signed by Brazil in 1929 and promulgated by Decree No. 20,704/31; “Montreal Convention” - amended the Warsaw Convention by Additional Protocol 4; ratified and promulgated by Decree 2,861/1998. Conflict between norms: i.) Consumer Protection Code (Art. 14 - full compensation for damages) and ii.) Warsaw and Montreal Conventions (Art. 22 - fixed compensation in case of international transport). Cited jurisprudence: material damages: international conventions apply; Art. 178, CF: "The law shall provide for the regulation of air, water and land transport, and, with regard to the regulation of international transport, shall observe the agreements signed by the Union, respecting the principle of reciprocity." STF. Plenary. * STJ. 3rd Panel. REsp 673.048-RS, Rel. Min. Marco Aurélio Bellizze, judged on 08/05/2018 (Info 626). Moral damages: Conventions do not apply; STJ. 4th Panel. AgInt in REsp 1.608.573/RJ, Rel. Min. Luis Felipe Salomão, DJe 23/08/2019). REsp 1.842.066-RS, 3rd Panel, Justice Moura Ribeiro, decided on 09/06/2020 (Info 673): "Compensation for moral damages resulting from lost baggage and delays in international flights are not subject to the tariffs stipulated in the Montreal Convention; in such cases, the effective reparation of the consumer as prescribed by the Consumer Protection Code must be observed."