A aplicabilidade da Convenção de Montreal no direito brasileiro

Abstract

The present article discusses the applicability of Montreal Convention’s rules of liability on air transport contracts in Brazil, considering its conflicts with Brazilian law. The study is based on legal literature and legal documents, demonstrating different theoretical and judicial positions regarding the limits of application of the Montreal Convention in distinct jurisdictions. Decisions of Brazilian courts, foreign courts and of the European Court of Justice were examined and compared. The article concludes that the Montreal Convention should be applied by Brazilian courts, in accordance with principles of International Law contained in the Vienna Convention on the Law of Treaties. It notes, however, the need to update the reparations established in the Montreal Convention.