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Guedes asks for changes, and PM of the airlines is removed from the agenda, says rapporteur

Brazil’s Minister of Economy Paulo Guedes sent on Tuesday (06/30) requests for changes in the opinion of Congressman Arthur Maia (DEM-BA) to the Provisional Measure (MP) 925, edited to help companies in the airline sector during the pandemic of COVID-19. With that, the proposal will no longer be voted on 07/01 by the Chamber of Deputies. Arthur Maia stated that there was no time to analyze the document before this Tuesday’s session and, therefore, the vote was postponed until next Tuesday (July 7). “I don’t think we are at risk of losing its validity, because there will still be nine days left,” said the parliamentarian to Valor PRO’s real-time information service. “Companies try to take advantage of this PM to reduce lawsuits – Airlines try to take advantage of the Provisional Measure (MP) that changed ticket rescheduling rules during the pandemic to reduce litigation due to delays or cancellations, which have grown a lot with the creation startups, and represented expenses of BRL 311M in 2017, according to the Brazilian Civil Aviation Agency (Anac). The rapporteur, Arthur Maia (DEM-BA), accepted an amendment to determine that the passenger will have to prove that there was “effective loss” on their part to receive an indemnity for off-balance sheet damages (moral damages) due to failure to provide services. If this standard is approved, the damages cannot be assumed. For Maia, Brazil is the only country in the world that demands the company to indemnify the passenger when the delay or cancellation is not the company’s fault. He said, “If the plane did not take off because it had some problem, the company did not perform the correct maintenance and did not have another one for replacement, that is fine. But it does not make sense to charge moral damage if it is not the company’s fault”. He blames startups for increasing litigation, and says that this is a “scam” and that the cost of damages ends up being passed on to all customers as more expensive tickets. – https://valor.globo.com/politica/noticia/2020/06/30/guedes-pede-alteracoes-e-mp-das-aereas-e-retirada-da-pauta-diz-relator.ghtml