Souto Correa advises LATAM on the public civil action
Souto Correa Advogados provided legal counsel to LATAM Airlines Brasil on the public civil action sought to impose a series of measures in cases of flight delays or cancellations, including the reallocation of passengers within less than one hour.
In its defense, LATAM emphasized that the claims disregarded the specific characteristics of air transport, its sectoral regulation, and the realities of national aviation operations.
The court denied all claims, holding that delays and cancellations do not, by themselves, constitute unlawful acts, as they may result from the need to preserve operational safety. It further held that the judicial imposition of new rules without technical and regulatory support would represent undue interference by the Judiciary in the role of the regulatory agency, and could create competitive distortions within the sector.
The decision emphasizes the importance of a contextualized and technical analysis of operations in the aviation sector, bringing into debate issues such as the technical autonomy of regulatory agencies, judicial self-restraint, the importance of regulatory impact assessment, and the preservation of free competition in the industry.
Souto Correa relied on the leadership of associate Julia Klarmann (pictured), associates Isabela Camara, and Carolina Nocchi Guerra.
