CIVIL LIABILITY IN AIR TRANSPORT: CRITERIA USED BY THE COURT OF JUSTICE OF THE STATE OF RONDÔNIA FOR GRANTING COMPENSATION FOR MORAL DAMAGES

Abstract

This scientific article analyzes the legal criteria and prevailing decisional patterns adopted by the Court of Justice of the State of Rondônia (TJ-RO) in granting moral damages in civil liability cases in air transport. Given the high litigation rate in the sector, especially in the Northern Region of Brazil, it investigates how the Rondônia judiciary applies the principles of objective liability and the Consumer Defense Code in light of the recent overcoming of in re ipsa damages by the Superior Court of Justice (STJ). The methodology employed consisted of documentary research and content analysis of recent judgments and decisions (2023-2024). The results demonstrate that the TJ-RO maintains a protective stance towards consumers, classifying operational failures as internal fortuitous events and requiring immediate material assistance, although it now demands proof of extraordinary disturbances that go beyond mere daily annoyance. It is concluded that the quantification of indemnities follows the principles of reasonableness and proportionality, seeking a balance between full reparation and the prohibition of unjust enrichment.