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Brazilian Bar Association prevents in court advertisements for websites which work against airlines

The Brazilian Bar Association (OAB) has won at least twice in the second instance against websites that buy passenger rights in lawsuits against airlines, or offer defense in exchange for a good percentage of the amount receivable. The cases were analyzed by the Federal Regional Court (TRF) of the 2nd Region based in Rio de Janeiro. The judges understood that the startups carry out typical activities of the law, and ordered the removal of advertisements about the services offered. For the lawyer Ricardo Bernardi, partner of Bernardi & Schnapp law firm, these sites develop an illegal activity. He said, “They pay little to consumers, use the judicial apparatus, and end up profiting a lot.” He also added, “In the end, the bill goes to the taxpayers.” Bernardi recalls that the great knot of the Judiciary is moral damage. Today, Bernardi says, a good part of the judges understands that the airlines must indemnify, whatever the reason for the flight delay or cancellation – even weather conditions – and there is no need to prove the damage suffered. It would be presumed. “As if it were part of the business risk.” – https://valor.globo.com/legislacao/noticia/2020/07/01/oab-barra-na-justica-anuncios-de-sites-que-atuam-contra-empresas-aereas.ghtml