Responsabilidade civil no transporte aéreo em regime de codeshare

Abstract

This final project proposes an analysis of how civil liability manifests itself in codeshare air transportation, in light of the Brazilian legal system and international conventions, with an emphasis on consumer protection. The study starts from an understanding of the air transportation contract as a consumer relationship, subject to the principles of the Consumer Protection Code, such as objective good faith, consumer insufficiency, and full compensation for damages. In this context, it examines the objective liability of airlines, which is independent of fault and derives from the theory of entrepreneurial risk. Therefore, the codeshare regime—widely adopted in the airline industry—allows companies to share flight operations and sales, raising questions about joint and several liability in cases of accidents. The legal analysis focuses on the specific case of the Voepass accident, which occurred in 2024, which exposed gaps in consumer information and fueled the debate on co-liability between the operating company and the ticket seller. Thus, based on Brazilian case law, especially that of the Superior Court of Justice, it is clear that the case law consolidates that joint and several liability among codeshare companies is justifiable, with the contracted company being liable for damages, even if it did not directly operate the flight. This position stems from the application of the social function of the contract, the theory of appearance, and the need to preserve the legitimate trust of the consumer. The research concludes that the Brazilian legal system is adequate in ensuring effective passenger protection, reaffirming the constitutional commitment to human dignity