In the aforementioned lawsuit, the passenger alleged that among his belongings he was also carrying a ring that he intended to give to his wife, as well as a camera that would be given to the passenger's brother-in-law. The value of these items reportedly reached R$3.300,00.
In his vote, the case rapporteur, Substitute Judge Francisco Oliveira Neto, decided to deny compensation to the passenger who had not completed the “Declaration of assets and values” available to all passengers at check-in.
The judge emphasized that the National Civil Aviation Agency (ANAC) advises passengers to carry valuables, medicines, and electronic devices in their carry-on baggage. However, if the passenger insists on transporting these items in checked baggage, they must request the aforementioned form and declare the items contained in the baggage at the airline's check-in counter. Finally, in his opinion, the judge warns that if "these rules are not respected, the carrier will not be civilly liable for any damages."
Notwithstanding the understanding of the Superior Court of Justice (STJ) that in cases relating to the relationship between passenger and airline the Consumer Protection Code should be applied to the detriment of the Montreal Protocol, we understand that there is no way to attribute the responsibility for producing negative evidence to the airline, since there is no way for the airline to be aware of the contents of the baggage carried by passengers, given that they should use the aforementioned “Declaration of Goods and Values” in their own favor, in order to prove the alleged damages in possible compensation actions.
