11/11/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The 2nd Public Law Chamber of the TJ has confirmed compensation for moral and material damages to a woman who had lost her baggage on an international trip, but determined that the amount arbitrated discounted values of jewelry that the client claimed to have shipped in her suitcases. On appeal, the airline maintained that there is no certainty about the value of lost objects and that the author herself has failed to make determinations of the National Aviation Agency, reiterated on her website, in order to carry valuables in hand luggage.
Judge Cid Goulart, rapporteur of the matter, partially upheld the appeal, since he maintained the moral and material damages fixed based on the list of lost items, listed in the official complaint made by the consumer to the company. The magistrate recognized, however, the pertinence of the exclusion of the jewels between the compensable goods, because it would be up to the author to take them in their hand luggage. With this, the indemnification, initially arbitrated at R$ 65 thousand, was reduced by R$ 10 thousand. The decision was unanimous (Appeal No. 0025516-90.2012.8.24.0023).
Source: TJSC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.