Clipping of news on Brazilian Culture, Law and Citizenship
04/09/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Supreme Court denies appeal of airline passengers and benefits that prove not to be able to pay for tickets
Company claimed that , if required to comply with the decision , you have to pass on costs to other consumers
Supreme Court confirmed the decision of the respective court Regional Federal da 1st Region Photo : Michel Son / O Globo
RIO - The airline Gol will have to carry for free up to two disabled passengers on domestic flights . The decision of the President of the Federal Supreme Court ( STF ) , Minister Joaquim Barbosa , confirms the judgment of the Federal Court of the 1st Region ( DF ) announced in August . Will benefit people who prove not to be able to pay for the air tickets.
By denying the company's request to suspend the decision of TRF 1 , Minister Joaquim Barbosa stated that "nothing in the narrative of the company suggests that the observance of the measure will cripple air travel ." According to the president of the Supreme Court , the " hypothetical shuttle " up to two people per flight does not have sufficient strength to completely withdraw the interest in the economic exploitation of air transport services for passengers .
At the request of the Supreme Court , Gol argued that the EU air transport excluded from the benefits of Law 8.899/1994 , which grants free pass to people with disabilities in interstate public transportation system , and considers unconstitutional the creation of social security benefit without prior source of funding .
Also according to court documents , the airline claimed that it is obliged to respect the benefit , will transfer to other consumers " their financial burden " and further that the benefit frustrates the company's expectation as to the profitability of mode of transport . Gol also argued that the measure will lead to " artificial imbalance of competitive conditions " , because only she would be subject to legal action filed by federal prosecutors .
Minister Joaquim Barbosa , also according to information from the Supreme Court, noted that airlines have a number of exemptions do not extend to other modes of transportation , such as incidence restricted Tax on Goods and Services ( ICMS ) , not subjecting the aircraft to the Property Tax Motor Vehicle ( property taxes ) and also a significant part of precedents preclude the incidence of import duty on aircraft brought to the country by leasing .
According to the professor of consumer law , Rogério Beze , the Supreme Court decision aims to ensure the effectiveness of Law No. 8.899/94 , which granted free passes to people with disabilities in interstate transportation system .
- The Federal Court of the 1st Region understood that the issue was related to principles that address the fundamental guarantees , human dignity , eradicating marginalization , social inequalities to the free right of movement and promoting the integration of people with disabilities to life Community . The goal sought in the Supreme Court the suspension of the decision through an injunction , that his request was denied by the Minister Joaquim Barbosa . Although the preliminary decision that should be enjoyed by collegiate STF , but it is likely that this is the direction which it is maintained . Thus , they will be guaranteed two places for disabled demonstrably lacking on all flights on Brazilian soil . On the other hand , it is obvious that this account will be shared by those who pay or even for those who do not pay , through concessions that the government can do exempting the airline industry - said Beze .
Gol said it will not comment on the decision of the Supreme Court .
Source : The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.