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Brazilian Air Transport Sector and Right of Withdrawal

Por :
10/07/2017 00:00 Artigo

Recently, the National Civil Aviation Agency (ANAC), which is responsible for the standardization and enforcement of the rules of the Brazilian air transport sector, issued Resolution No. 400/2016, establishing new rules for the general conditions of
regular passenger air transport in the domestic and international spheres. Among the new rules, ANAC introduced a clear modification in relation to the period granted for the passenger to cancel a purchased ticket, which goes against the right of withdrawal that is provided for in the Brazilian Code of Consumer Defense (CDC). Despite the divergences in the opinion of jurists, in case law and even in the Legislative Branch, it is clear that the change introduced by the ANAC appears to be reasonable, in its attempt to strike a balance between the consumer and the supplier in the execution of the air transport contract, as well as to seek alignment with current international practices.


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