Aircraft accidents create significant interest due to their seriousness. These incidents are rare, prompting concerns about the legal rights of the families of the victims. It is crucial to comprehend the legal safeguards in place to provide the required legal assistance during this period of shock and sorrow.
Explore the legal requests that victims and their family members can make.
The National Civil Aviation Agency (ANAC) is the official entity of Public Law that oversees and enforces regulations on civil aviation activities, establishing various rules in this area.
What does ANAC say?
ANAC advises that the relatives of the accidentals should contact the airline immediately. With this, the necessary support can be provided.
Second page of the gov.br portal, among the basic rights of victims and family members of the instruction, are:
- Personal notification and support for family members by trained staff;
- Locations at airports to receive survivors and family members;
- Assistance in immigration and customs;
- Contact with diplomatic agents for foreign victims;
- Displacement of family members to the nearest crash site or support base;
- Provision of basic needs in Service Center Family;
- Return of recovered personal belongings;
- Updated information on the accident;
- Monitoring the identification and disembarrassment of the bodies;
- Transfer from the bodies to burial.
However, this is not all, to understand what else can be indemnified, it is worth checking the procedures provided in the Civil Aviation Instruction (IAC) no 200-1001.
Aeronave Insurance and the Duty to Order
The Airline must guarantee compensation through the Air Carrier’s Civil Responsibility Insurance known as RETA, which is mandatory and covers passengers, crew and people on the ground in case of an accident.
The RETA provides for 30 days to enable the third parties affected by the responsible airline. After that period, counted from the delivery of all the documentation required by the insurer to the insurer, the deadline for payment of the indemnity is 30 days.
Since July 2024, the amount has been fixed to R$103 thousand, aiming to cover medical care, funeral and family assistance.
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What does the Brazilian Law say?
The Consumer Protection Code (CDC) is the legal degree that deals with cases of aircraft accident resurgence.
In this context, the CDC establishes the objective responsibility of the service provider. In this case, the airline is the one who should respond to the damage caused to consumers regardless of guilt.
However, damages such as moral damage should be analyzed on a case-by-case basis.
The Brazilian Code of Aeronautics (Law No. 7,565/1986) also deals with the responsibility of the carrier, specifying that it must indemnify the damage resulting from the death or injury of passengers.
If the problem was caused by specific failures, the airline, after indemnifying the victims and their relatives, may exercise the right to return. That is, seek judicially or administratively the redress of third parties who may have contributed to the accident, such as parts manufacturers, maintenance companies or air traffic control service providers.
Finally, it is essentially to follow the investigation of the case to keep an eye on what can be judicially pleaded.
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