THE CULTURE OF JUDICIALIZATION AND THE MORAL DAMAGES INDUSTRY: AN ANALYSIS OF THE CASE LAW OF THE COURT OF JUSTICE OF RONDÔNIA IN CASES OF FLIGHT CANCELLATIONS AND DELAYS INVOLVING CONSUMERS FROM RONDÔNIA

Abstract

This article aimed to analyze the culture of judicialization and the alleged “moral damages industry” through the examination of compensation claims arising from flight cancellations and delays adjudicated by the Court of Justice of Rondônia (TJRO). The objective was to identify the criteria adopted for recognizing moral damages and determining the amount of compensation, assessing their consistency with the Brazilian Federal Constitution, the Consumer Protection Code, and the jurisprudence of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ). The methodology adopted was qualitative, basic in nature, and exploratory in scope, using bibliographic research and documentary analysis of judicial decisions issued between 2021 and 2024. The main findings indicate the existence of decision-making patterns aimed at protecting consumer dignity, while also revealing concerns regarding the trivialization of moral damages and the application of the “mere everyday inconvenience” doctrine. It is concluded that the TJRO seeks to balance access to justice with the need to prevent excessive litigation, preserving the compensatory and pedagogical functions of civil liability.