Delphine Defossez – författare

The book starts from the premise that the current aviation framework, in Brazil, cannot sustain a full liberalisation in the long run. While the competition rules in place offer a strong framework, which only requires small modifications, these rules are not "enough" to foster a "healthy" liberalisation. In fact, until recently, Brazilian airlines were operating in a homogenous market, where competition was artificial. This artificial competition, obtained through the imposition of a legal obligation to provide water and a snack and grant a 23kg bag allowance, has resulted in a highly concentrated domestic market with very few players. Compared to other same size markets, such as China or India, Brazil is far behind in terms of airlines operating at national level. Consequently, the opening of the domestic market must be closely regulated to avoid national carriers suffocating under external pressure. For this reason, state intervention during the liberalisation process is crucial. State intervention is also with regard to the protection of passengers.

The other major problem is the protection framework for passengers which is much too uncertain and burdensome. In a sense, it is detrimental to the domestic market and passengers. Indeed, there is no harmonisation of passenger compensation leading to contradictory judgments and possible high moral damages which hinders legal certainty for airlines. Compared to the situation in the EU, in Brazil, airlines have a limited range of defences, which are often dismissed by courts.

This book, therefore, critically analyses the policies and regulations in place by mainly comparing the Brazilian framework to the European one. This choice has been motivated by the fact that European liberalisation is considered the best so far, and as Brazil is starting this process much later, it could benefit from the European experience.

This book will be of particular interest to scholars and practitioners interested in the Brazilian system.

The book starts from the premise that the current aviation framework, in Brazil, cannot sustain a full liberalisation in the long run. While the competition rules in place offer a strong framework, which only requires small modifications, these rules are not "enough" to foster a "healthy" liberalisation. In fact, until recently, Brazilian airlines were operating in a homogenous market, where competition was artificial. This artificial competition, obtained through the imposition of a legal obligation to provide water and a snack and grant a 23kg bag allowance, has resulted in a highly concentrated domestic market with very few players. Compared to other same size markets, such as China or India, Brazil is far behind in terms of airlines operating at national level. Consequently, the opening of the domestic market must be closely regulated to avoid national carriers suffocating under external pressure. For this reason, state intervention during the liberalisation process is crucial. State intervention is also with regard to the protection of passengers.

The other major problem is the protection framework for passengers which is much too uncertain and burdensome. In a sense, it is detrimental to the domestic market and passengers. Indeed, there is no harmonisation of passenger compensation leading to contradictory judgments and possible high moral damages which hinders legal certainty for airlines. Compared to the situation in the EU, in Brazil, airlines have a limited range of defences, which are often dismissed by courts.

This book, therefore, critically analyses the policies and regulations in place by mainly comparing the Brazilian framework to the European one. This choice has been motivated by the fact that European liberalisation is considered the best so far, and as Brazil is starting this process much later, it could benefit from the European experience.

This book will be of particular interest to scholars and practitioners interested in the Brazilian system.

Brazilian aviation law is often a mystery for people outside Brazil. Despite being based on German and Italian law, Brazilian law does not resemble any other legal system; for instance, it took nearly a decade and the Brazilian Federal Supreme Court to finally acknowledge that the Montreal Convention prevails over the national consumer code. This book introduces Brazilian aviation law to professionals by laying out and discussing the applicable laws and competent authorities on essential elements of civil aviation to help professionals navigate this system.

Brazilian aviation law has been through a process of major transformation, the latest occurring in December 2021 with the view to change half of the current Brazilian aeronautical code. Until 2005, the aviation sector was mainly regulated by the Aviation Civil Department (DAC), which was a department directly subordinated to the Ministry of Aeronautics and mainly comprised of military personnel. Although Brazilian aviation has been demilitarised through the creation of the National Civil Aviation Agency (ANAC) by the Federal Law 11.182/2005, its military past still influences the current regimes, and air traffic control remains part of the Ministry of Defense. Understanding the various agencies in charge of civil aviation and laws governing important aspects of such area is essential; consequently, this book discuss the laws applicable to competition, consumers, airport and aircraft operation, safety and accident investigations, and environmental concerns.

Written in a format to meet the needs of lawyers, academics and aviation professionals, the book explains the key concepts and laws applicable to aviation in Brazil. Each chapter explores an essential area of aviation law to present readers with an insider’s understanding of the whole system to facilitate business relations with Brazil.

Brazilian aviation law is often a mystery for people outside Brazil. Despite being based on German and Italian law, Brazilian law does not resemble any other legal system; for instance, it took nearly a decade and the Brazilian Federal Supreme Court to finally acknowledge that the Montreal Convention prevails over the national consumer code. This book introduces Brazilian aviation law to professionals by laying out and discussing the applicable laws and competent authorities on essential elements of civil aviation to help professionals navigate this system.

Brazilian aviation law has been through a process of major transformation, the latest occurring in December 2021 with the view to change half of the current Brazilian aeronautical code. Until 2005, the aviation sector was mainly regulated by the Aviation Civil Department (DAC), which was a department directly subordinated to the Ministry of Aeronautics and mainly comprised of military personnel. Although Brazilian aviation has been demilitarised through the creation of the National Civil Aviation Agency (ANAC) by the Federal Law 11.182/2005, its military past still influences the current regimes, and air traffic control remains part of the Ministry of Defense. Understanding the various agencies in charge of civil aviation and laws governing important aspects of such area is essential; consequently, this book discuss the laws applicable to competition, consumers, airport and aircraft operation, safety and accident investigations, and environmental concerns.

Written in a format to meet the needs of lawyers, academics and aviation professionals, the book explains the key concepts and laws applicable to aviation in Brazil. Each chapter explores an essential area of aviation law to present readers with an insider’s understanding of the whole system to facilitate business relations with Brazil.