Na publicação n.º 764 do Informativo de Jurisprudência do STJ, foi destacado importante julgamento que trata da regulação de dano moral no transporte aéreo internacional.
No julgamento do agravo interno no REsp 1.944.528/SP, de relatoria do ministro Raul Araújo, a Quarta Turma julgou, de maneira unânime, pela aplicação do Código de Defesa do Consumidor em controvérsia acerca do prazo prescricional para passageiro reclamar danos morais no caso de atraso em voo internacional.
Conforme o atual entendimento do Supremo Tribunal Federal, no julgamento do RE 636.331, paradigma do Tema n.º 210 de Repercussão Geral, a prevalência das convenções internacionais sobre o CDC apenas com relação às pretensões de indenização por danos materiais (RE 1.374.196, Rel. Ministro Roberto Barroso, Primeira Turma, julgado em 24/10/2022, DJe 10/11/2022).
O STJ não reconheceu a existência de previsão nas convenções quanto a danos morais e, por isso, foi aplicada a lei interna, no caso, o art. 27 do CDC.
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