A inversão do ônus da prova em casos de extravio de bagagem no transporte aéreo

Abstract

This paper analyzes the reversal of the burden of proof in cases of lost baggage during air transportation, in light of the civil liability of airlines, the Consumer Protection Code, and international conventions ratified by Brazil. The research is based on the observation that the growth of the airline industry has been accompanied by an increase in litigation involving service failures, especially failure to comply with the obligation to safely transport passengers' baggage. The study begins with an analysis of the air transportation contract, highlighting the companies' duties regarding baggage security and the existing regulations on the subject. It then addresses the civil liability of carriers, with an emphasis on the strict liability provided for in the Consumer Protection Code (CDC), and the case law of the Superior Court of Justice regarding applicable compensation amounts. The third stage of the research examines the burden of proof in Brazilian law, highlighting the legal foundations of its reversal, especially in cases of consumer insufficiency. The study concludes that the full application of the burden of proof reversal is essential to ensure procedural equality and to enforce the constitutional principles of access to justice and human dignity, especially in a sector marked by consumer vulnerability and the asymmetry of information between the parties.