Effectively appealing can make a crucial difference in building a strong defense in the legal field.
This text provides a useful outline and advice to assist you in organizing your illegal activities promptly and effectively.
Learn more about Appellate Justifications.
The appeal reasons depend on how the party reacts to the applicant’s arguments.
This procedural tool is essential in ensuring a fair and comprehensive defense, enabling the court to have a complete understanding of the case.
To learn more about this topic, refer to our comprehensive guide on Appellate Reasons, deadlines, and cabling.
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Template for Appellate Decision Justification
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Case Number: [Case NUMBER]
The part being appealed, which has already been described, emerges suddenly to be presented.
CONTRACTIONS FOR THE APPELLATION RESOURCE
The applicant, who has also been mentioned by the party, is requesting the matter to be referred to the Court of Justice in order to obtain the dismissal of the appeal.
The terms you are requesting a postponement for.
[PLACE], [DATE]
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Reasons for appeal
COURTAL GREEG
COLENDA CÂMARA,
December rites.
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ORIGINAL CASE Number: [Case Number]
I – Storminess
The current violations, submitted today, [No of days – up to 15 working days] after the initial hearing, are considered untimely under Article 1.010 § 1 of the Civil Procedure Code due to the initial sentence being issued on [DATA] and the appeal being filed on [DATA].
II – Information
Paulino Mota, who had filed an appeal, bought a plane ticket with Transportes Aéreos XYZ S/A for a flight from São Paulo to Recife scheduled for June 9, 2020, departing at 11:45 and arriving at 01:55 the next day. Upon arriving at the airport for check-in, he was informed that his flight had been canceled without prior notice. He was then put on a different flight departing the next day at 06:50 and reaching the final destination by 11:41, causing a delay of around 10 hours.
Air Transport XYZ S/A argued that the flight change was communicated to the passenger beforehand, as required by ANAC Resolution No. 400. However, the company lacked adequate evidence during the proceedings to prove that the notification was sent within the specified 72-hour timeframe as mandated by ANAC regulations. The only evidence presented was a system screen that allegedly showed the notification but did not clearly explain how the communication was effectively carried out.
Paulino Mota faced a significant delay and had to spend R$40 for a transfer due to lack of assistance from the airline. Consequently, he is seeking compensation for the inconvenience and expenses incurred from Aerial Transport XYZ S/A.
A conciliation hearing was conducted during the procedure but did not lead to an agreement between the involved parties. The judge found that the airline failed to fulfill its obligation to provide information as stated in ANAC Resolution 400, resulting in a service failure. The judge emphasized that the company’s liability is strict under Article 14 of the Consumer Protection Code, meaning that they are responsible for demonstrating the damage and causal link regardless of fault.
The judge’s ruling on July 13, 2020 partially granted the author’s request, ordering Air Transport XYZ S/A to pay R $ 5,000 for emotional distress and R $ 40 for transfer expenses. The compensation for emotional distress was determined based on similar cases, with monetary correction and moratorium interest applied from the citation. The defendant was also required to cover procedural costs and attorneys’ fees, set at 20% of the conviction amount.
Air Transport XYZ S/A was unhappy with the amount set for compensation for emotional harm and submitted an appeal. The argument was that the initial decision did not accurately portray the extent of the emotional harm, and that the compensation amount should be reconsidered and reduced to serve solely the compensatory purpose, preventing unjust enrichment.
The appeal does not warrant success based on the legal arguments that will be presented.
III – The Merry
Objective Accountability and Obligation to Provide Information
The airline Air Transport XYZ S/A’s responsibility is outlined in Article 14 of the Consumer Protection Code, which states that proof of guilt is not required. It only needs to show the damage and causal link. In this case, it was proven that the service was not provided due to the airline’s failure to notify the passenger of the flight cancellation at least 72 hours in advance, as mandated by ANAC Resolution No. 400.
The CDC emphasizes the importance of providing clear and timely information to consumers. Air Transport XYZ S/A failed to meet this obligation by not informing the passenger about the flight cancellation in advance, resulting in significant disruptions.
The claim that the communication was made in advance lacks support as there was no clear evidence provided. Simply showing a system screen without proof of notification being sent and received does not meet legal standards of transparency and good faith in consumer relations. Failure to provide the service is evident and goes against the principle of transparency crucial for consumer trust.
The company should be held accountable for the moral and material harm caused to the consumer due to the service failure, even without proof of fault, as the airline’s objective responsibility applies in such cases.
The initial court ruling against Air Transport XYZ S/A, ordering payment for moral and material damages, aligns with the law by holding the airline accountable for failing to provide necessary information, ensuring consumer rights protection and quality air transport services.
Proportional Compensation for Moral Harm
The awarded compensation of R $ 5,000 for emotional harm to Paulino Mota is deemed appropriate and proportionate. The initial ruling considered key factors in determining the indemnity amount, including the parties’ socioeconomic status, the offender’s degree of fault, the extent of suffering, and the impact of the harm. These considerations are vital to ensure that the compensation serves its compensatory and educational purposes, avoiding unjust enrichment.
The financial status of the parties is important, as the compensation should be enough to affect the airline financially, deterring future similar behavior, without being excessively high. Air Transport XYZ S/A is a major corporation, and the amount of R $ 5,000.00 is appropriate for serving this punitive and educational purpose.
The level of distress felt by the victim and the impact of the harm are both crucial. The writer encountered more than just a delayed trip; they also had to deal with the inconvenience and distress caused by the lack of information and having to rebook a new flight. These inconveniences go beyond everyday annoyances and represent a moral harm that should be addressed.
The compensation for moral harm should be adequate to cover the harm endured and deter the recurrence of harmful behavior. The specified amount fulfills these roles equitably, offering just reparation to the injured party without leading to unjust enrichment.
The initial sentence must be upheld as the compensation for emotional harm was determined fairly and reasonably, taking into account all relevant factors.
Extension of harm and enrichment without cause
Indemnity under Article 944 of the Civil Code should be based on the actual extent of damage, rather than subjective or excessive factors. In this particular instance, the compensation of R$ 5,000 was determined to adequately reflect the harm experienced by the author, without being excessive.
The legal system’s principle of awarding compensation without justification aims to prevent misuse of indemnity and instead provide fair reparation for actual damages. The amount decided in this case serves to compensate the author for the harm endured and deter the airline from repeating abusive actions within reasonable bounds.
The initial court decision, which set the compensation for emotional harm at R $ 5,000.00, followed the principles of fairness and reasonableness, while also preventing unjust enrichment. Thus, keeping the established amount is in line with legal principles and civil liability norms in Brazil.
IV – THE REQUIREMENTS
Given the circumstances mentioned above and the usual paperwork, the following criteria must be met in this instance.
- Air Transport XYZ S/A’s appeal was rejected.
- The initial decision that directed XYZ S/A Air Transport to pay R $ 5,000.00 for emotional harm should stand.
- The initial ruling required XYZ S/A Air Transport to pay R $ 40,00 for material damages.
- Convictions should be upheld for the payment of legal expenses and attorney fees, set at 20% of the conviction’s value.
- The monetary adjustment and the calculation of moratorium interest should be based on the citation, as stated in the ruling.
In this context,
Harm
[PLACE], [DATE]
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