Small Claims Courts within the airports in Brazil help travelers

Small claim Courts within the Airports attended more than 2,000 travelers in Brazil only on December 2012

From CNJ Noticias
(Translated by Vitoria Pinhas)

Since 1984¹ the judicial legal system in Brazil created the small-claims courts in order to improve and accelerate the solution of simpler legal disputes.  In 1995 the small-claims courts were reviewed and ameliorated by the federal law 9.099/1995². The official name of such courts is “Juizados Especiais”.  Accordingly, any person over 18 years old and legally capable can initiate a claim in any office within the jurisdiction ...

SMALL CLAIM COURTS WITHIN THE AIRPORTS ATTENDED MORE THAN 2,000 TRAVELERS IN BRAZIL ONLY ON DECEMBER 2012

From CNJ Noticias
(translated by Vitoria Pinhas)

Since 1984¹ the judicial legal system in Brazil created the small-claims courts in order to improve and accelerate the solution of simpler legal disputes.  In 1995 the small-claims courts were reviewed and ameliorated by the federal law 9.099/1995².  The official name of such courts is “Juizados Especiais”.  Accordingly, any person over 18 years old and legally capable can initiate a claim in any office within the jurisdiction, as long as the amount disputed is not over 40 times the value of the minimum wage, which corresponds to R$ 24,880.00 ³ (something around U$12,500, depending on currency).  The biggest advantages of solving legal disputes on the small-claim courts are the time and money savings because the proceedings face less bureaucracy and there are no judicial costs associated to the cases processed by those courts.

Looking to improve the flight services provided in Brazil, four big cities installed small-claim offices within their main airports: Rio de Janeiro (Santos Dumont and Galeão airports), em São Paulo (Guarulhos and Congonhas airports), Cuiaba (Marechal Rondon airport) and Brasilia (Juscelino Kubitschek airport).  The idea is to find fast solutions to typical problems faced by the passengers, such as delays, cancelations, baggage loss, overbooking, etc.  The legal staff is trained to provide conciliation between the passengers and the airlines right away, when the passenger is still within the airport.  In addition to that, the small-claim offices also provide informational sessions about the passenger’s rights. 

According to the official statistics, the offices within the airports attended more than 2,000 people only in December 2012.  The numbers of settlements reached at the airport offices are the following: Galeão airport in Rio de Janeiro reached 94 settlements; Santos Dumont airport, also in Rio de Janeiro, had 48 settlements; Marechal Rondon airport, in Cuiaba, reached 95 settlements still at the airport; Juscelino Kubitschek airport in Brasilia settled 56 disputes between passengers and the airlines right at the airport.⁴

The performance of the small-claims courts within the airports has been a great tool to ensure the passengers’ rights.  It has also been a very efficient way to promote conciliation in order to unburden the judicial system.

¹ Lei 7.244/1984.

² The Law 9.099/1995 was promulgated on the terms of the Art. 98, I, of the Federal Constitution/1988.

³ DECRETO Nº 7.655, DE 23 DE DEZEMBRO DE 2011.

⁴ http://www.cnj.jus.br/noticias/cnj/23175-juizados-dos-aeroportos-atenderam-mais-de-1400-pessoas-em-dezembro

Vitoria Pinhas is an attorney with large experience in a broad range of international transactions, including contract law, international tax, corporate law, immigration, trademark, and alternative dispute resolutions.  Ms. Pinhas has a large portfolio of clients looking to do international business in Brazil, Mexico and U.S.  She is also frequently invited to give online lectures on international law matters to EJE – Escola Judiciária Eleitoral (organization governed by the Federal Electoral Court in Brazil dedicated to promote the study of law).  Prior to working in New York, Ms. Pinhas was a law clerk at the Federal Electoral Supreme Court in Brazil, where she assisted the Honorable Alan Sebastião for more than 8 years.  While in Brazil, Ms. Pinhas pursued Master's Degree in Civil Law from Instituto LFG, and Master's Degree in Public Law from UFG (Universidade Federal de Goiás).  Ms. Pinhas also holds Master’s Degree in International Law from the Cardozo School of Law, and she was recently approved on the NY July 2012 bar exam (admission in progress).  Ms. Pinhas is an active member of the New York City Bar Association.