Post by account_disabled on Jan 25, 2024 5:41:51 GMT
The European consumer can choose between "taxed" and automatic compensation under Regulation 261/2004/EC or the Montreal Convention, which seeks to establish the true damage in the event of delay , having only maxima [4] . As can be seen, the Montreal Convention, by prohibiting only punitive losses and damages, and not moral damages (article 29), and as taught by internationalist doctrine, leaves the criteria for liability for moral damages open to the judge [5 ] , demanding dialogue between sources to protect consumers.
In other words, contrary to what seems to emerge Buy Phone Number List from the summary of the STF's decision, the Montreal Convention allows dialogue with other sources of consumer protection and, obviously, protection of the human person in the event of violation of fundamental rights (or would that be an unconstitutional interpretation of the convention, inferior to the Federal Constitution of 1988, for example in the case of passengers with disabilities or with regard to the protection of passengers' sensitive data). It should be noted that the Montreal Convention should not be considered completely negative for consumers. Its preamble — which should be a source for its interpretation in all countries and even in Brazil — is clear and even determines that one of its premises is consumer protection [6] .
And while, in the case of death, the Warsaw Convention (Warsaw Convention for the Unification of Certain Rules relating to International Air Transport, promulgated by Decree 20,704/31) — which is already considered unconstitutional due to its paltry taxation of human life, in Italy — valued the fact at 7 thousand euros, the Montreal Convention goes up to 120 thousand euros in compensation, depending on the circumstances, this, however, with the same system of presumption of guilt and not guaranteeing full compensation [7] . Its application in the case of lost luggage is uniform, but does not apply to travel packages. The forum is also established by the CDC and CPC, so the consumer can take action at home. Here a forced dialogue between these sources, which will even allow for the benefits of reversing the burden of proof, if the convention's presumption of guilt cannot be used.
In other words, contrary to what seems to emerge Buy Phone Number List from the summary of the STF's decision, the Montreal Convention allows dialogue with other sources of consumer protection and, obviously, protection of the human person in the event of violation of fundamental rights (or would that be an unconstitutional interpretation of the convention, inferior to the Federal Constitution of 1988, for example in the case of passengers with disabilities or with regard to the protection of passengers' sensitive data). It should be noted that the Montreal Convention should not be considered completely negative for consumers. Its preamble — which should be a source for its interpretation in all countries and even in Brazil — is clear and even determines that one of its premises is consumer protection [6] .
And while, in the case of death, the Warsaw Convention (Warsaw Convention for the Unification of Certain Rules relating to International Air Transport, promulgated by Decree 20,704/31) — which is already considered unconstitutional due to its paltry taxation of human life, in Italy — valued the fact at 7 thousand euros, the Montreal Convention goes up to 120 thousand euros in compensation, depending on the circumstances, this, however, with the same system of presumption of guilt and not guaranteeing full compensation [7] . Its application in the case of lost luggage is uniform, but does not apply to travel packages. The forum is also established by the CDC and CPC, so the consumer can take action at home. Here a forced dialogue between these sources, which will even allow for the benefits of reversing the burden of proof, if the convention's presumption of guilt cannot be used.