MORAL DAMAGES IN CASES OF FLIGHT DELAYS AND CANCELLATIONS: CRITERIA USED BY THE COURT OF JUSTICE OF THE STATE OF TOCANTINS TO AWARD COMPENSATIONS

Abstract

This study examines the jurisprudential criteria adopted by the Court of Justice of Tocantins State (TJTO) for awarding moral damages in cases of flight cancellations and delays. Based on ANAC Resolution No. 400/2016 and the Brazilian Consumer Protection Code (CDC), the research analyzes the court's perspective regarding key factors including: prior communication to passengers, material assistance provisions, alternative flight reallocation, and proof of exceptional damages. The findings reveal that the TJTO maintains a predominantly restrictive stance, typically dismissing moral damage claims when airlines fulfill their legal obligations—particularly in providing adequate passenger support. Notably, even extended delays (up to 24 hours) do not automatically establish non-material damages when effective assistance is demonstrated. However, the court recognizes moral damages in exceptional circumstances such as missed unavoidable commitments (funerals, professional engagements) or when vulnerable passengers (elderly, pregnant women) are affected. The study concludes that the TJTO requires concrete evidence of non-material harm and rejects compensation for mere inconveniences. This research contributes to understanding the court's decision-making patterns, emphasizing compliance with ANAC regulations and consumer protection laws.