Source: Migalhas. Essay.

The majority of the plenary understood that, if there is disagreement with the Brazilian CC, the rules of international agreements must be followed.

The STF decided that, in the case of international air cargo transport, the Montreal and Warsaw Conventions prevail in relation to the Brazilian CC. Therefore, if it is necessary to apply any penalty to the air carrier – for damage, delay or loss of cargo, for example, the rules set out in the conventions must be adopted.
The case under discussion at the STF deals with the international air carrier’s liability for material damage during cargo transportation, with differences between what is stipulated in the Warsaw and Montreal Conventions and the Brazilian Civil Code.
In the Montreal Convention, there is a limitation on the amount of compensation in case of destruction, loss, damage or delay (17 Special Drawing Rights per kilogram), unless the consignor has made to the carrier, when delivering the package, a declaration special value of its delivery at the place of destination, and have paid an additional amount, if applicable. In the Civil Code, there is no limit.

Divergence
The divergence opened by minister Gilmar Mendes prevailed. He recalled that the STF, in the judgment of RE 636.331, with recognized general repercussion (Theme 210), established the thesis that international standards and treaties limiting the liability of passenger air carriers, especially the Warsaw and Montreal Conventions, prevail in relation to the Consumer Protection Code.
The dean pointed out that, in the trial, there was no distinction between the transport of luggage and cargo, and it is certain that the RE only analyzed the issue according to the facts of that action (loss of luggage).
Ministers Cristiano Zanin, Edson Fachin, Dias Toffoli, André Mendonça, Luiz Fux and Luís Roberto Barroso followed Gilmar’s understanding.

Read Minister Gilmar Mendes’ vote: https://www.migalhas.com.br/arquivos/2024/2/A3D6E37F6E65E9_5960452(1).pdf

Rapporteur’s vote
In an unsuccessful vote, the rapporteur, minister Cármen Lúcia, considered that the arguments presented by the company were not sufficient to modify the contested decision and voted to dismiss the appeal. Ministers Alexandre de Moraes and Nunes Marques followed the approach presented by the minister.

Read Minister Cármen Lúcia’s vote: https://www.migalhas.com.br/arquivos/2024/2/711A5F6B42B1CD_5869543(2).pdf

Process: ARE 1.372.360: https://portal.stf.jus.br/processos/detalhe.asp?incidente=6361115

Link: https://www.migalhas.com.br/quentes/402316/stf-transporte-aereo-de-carga-deve-seguir-convencoes-internacionais

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