SUPERIOR JUSTICE TRIBUNAL (SUPERIOR TRIBUNAL DE JUSTIÇA – “STJ”) – SPECIAL APPEAL 1341364 – MONTREAL CONVENTION – APPLICABILITY – INDEMNIFICATION – LOSS OF INTERNATIONAL AIR LOAD

In a section held on April 19th 2018, the Fourth Panel of the Superior Justice Tribunal (“STJ”) unanimously reaffirmed the understanding of the Federal Supreme Court (“STF”), with general repercussions, that the Montreal Convention applies to cases involving loss of cargo in international air transport and not the Consumer Defense Code (Código de Defesa do Consumidor – “CDC.”)

In its decision, the report minister quoted Special Appeal 636,331, in which the Federal Supreme Court (“STF”) declared itself as having general repercussion, in the sense that, according to Article 178 of the Federal Constitution, international norms and treaties should be applied to issues involving international transportation, whether of people or things, especially the Warsaw and Montreal Conventions.

The reporter was also of the opinion that the Montreal Convention should not be applied in a subsidiary but prevalent manner, and that compensation should be calculated in accordance with Article 22 of the said Convention, which establishes compensation value per “kilo” of lost goods (17 DES – Special Rights of Sack – per “kilo”).