The Law and Regulation of Airspace Liberalisation in Brazil

CHAPTER 1 - Setting up the scene



The Brazilian aviation landscape until 2019
The two major challenges
Liberalisation benefits for Brazil
The role of the State in aviation


Legitimatcy of state intervention and the Rule of law


The thin line between regulation and competition


Market failure in aviation and its liberalisation/deregulation
Market failure and Natural monopolies


Airports: natural monopolies or not?




Concluding remarks

PART I- European liberalisation

CHAPTER 2 - Historical Perspective on Liberalisation of the Aviation Sector



The changes in international aviation law: the road to liberalisation
The European liberalisation


The First Waves of Liberalisation in Europe
An Integrated System: The Single European Sky (SES)


Other models of liberalisation and their influence on the European model


The US deregulation


Comparison EU-US
The US- EU Open Aviation Area


The Asian liberalisation


The ASEAN- EU Agreement
The influence on Australia




Concluding Remarks

CHAPTER 3 - The repercussions of the EU liberalisation



The repercussions of the EU liberalisation


Positive impacts
Negative impacts


The case of Alitalia (AZ)




Competition advantages and (possible) problems


Overview of competition rules applying under the EU system
Airline companies
More competition, yes, but not to the detriment of the security of passengers


Consumer protection: Regulation 261/2004


The problematic Regulation 261/2004


Compensation for cancelled flights.
Compensation for long delays.
'Extraordinary circumstances': the secret weapon of airlines


Resolution 261 and international law


Concluding Remarks

PART II- Brazil liberalisation

CHAPTER 4 - The Brazilian legal system



Brief Overview of the legal system: hierarchy of norms
The main organs in aviation
The Brazilian legal system on aviation


Laws applicable to aviation
General aviation liability regulation
Liability in case of collisions
Consumer Protection: The Codigo de Protecao e Defesa do Consumidor (CDC) vs the Montreal Convention


The promising Projeto de Lei (PL) 6960 de 2010
Lei 14.034/20 de 2020


Consumer protection: ANAC


Resolution 141/2010


Cancellation
Delay
Extraordinary Circumstances


Resolution 400/2016


Competition law


Concluding remarks

CHAPTER 5-The Brazilian national 'liberalisation'



Why liberalisation and not deregulation?
ANAC's perspective vs international understanding
Why liberalise the Brazilian market?
Bilateral agreements: an outdated concept?
Concluding remarks

Chapter 6- Liberalisation of the national market: possible changes



The current aspects of the Brazilian market: brief overview
Economic effect


Evolution of supply
Changes in demand


The routes
Airline companies


Hubbing
New business models
Low-Cost Carriers (LCCs) as game changers
The need for product differentiation
Higher risk of bankruptcy
Airline privatisation
Consolidated market and Avianca's 'bankruptcy'


Airports


Airport charges
Increase in competition and airport saturation
Major gain for regional airports
Slots allocation


The Role of the State
Regional changes: Mercosur
Concluding remarks

CHAPTER 7 - State intervention



State intervention is still necessary
State intervention after the potential liberalisation in Brazil


Bilateralism and liberalisation
Avianca's tragedy and the role of the judiciary
Market Regulation and State intervention


Natural monopolies
State aid
Abuse of dominant position
Codesharing and cartel formation


Public interest element
Consumers


Self-regulation and Private ordering
The GATT approach
Concluding remarks

CHAPTER 8- Consumer protection





Existing a solution
The problems with the current system: irreconcilable judgments




Theory vs Practice
It is always the airline's fault
Brazil exorbitant jurisdiction: The NYE case
The outrageous case: Valentine's Day Lunch
The totally irreconcilable judgments
Two separate contracts? Make it just one


Consumidor.com.gv


The necessity to adapt the existing system and the use of Online Dispute Resolution (ODR) as a way forward


Why Online Dispute Resolution?
Collective redress and ODR
Public authority rather than private actors


Concluding remarks



Chapter 9- Conclusion