The victim suffered further attacks during more than nine hours of flight, without the company’s employees doing anything
THE Latam Airlines will have to pay compensation of R$ 18 thousand for moral damages to a black lawyer who suffered racist insults from a passenger during a flight between New York (United States) AND Guarulhos (SP).
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The decision to condemn the airline was taken by the Court of Justice of Sao Paulo, which judged the case which occurred on 13 February 2022, when the passenger Qu Aiongof Chinese nationality, prevented the lawyer from João Vitor sit next to you.
According to the trial, while looking for his seat, again on North American soil, before take-off, Qu Aiong had lied down on the seat to prevent the lawyer from occupying the designated seat, and this act was witnessed by an employee of the plane from transport. agency.
The deceased woman allegedly shouted “go back”, suggesting he sit in the back of the plane. The airline employees did not remove the passenger from the plane on North American soil, but moved her to a seat behind João Vitor.
The defense lawyer stated in the trial that the victim suffered other attacks during more than nine hours of flight, without the company’s employees doing anything. In fact, it is said that the lawyer saw his chair kicked and the criminal forced to vomit on him.
Judge Juliana Forster Fulfaro, of the 1st Court of the Special Court, classified Latam as negligent because “the company did not take the necessary measures to avoid the situation” as a service provider.
“Although the defense argues that it was not its responsibility to forcibly remove the attacker from the plane, it was not only its responsibility but also its duty to immediately inform the local authorities,” the judge says.
In the trial, Latam admitted the occurrence of these facts, but argued in its defense that it was impossible to “forcefully remove the passengers”, as well as that the situation in question would only have worsened during the flight and that, on Brazilian soil, with the presence of the Federal Police, it would have been possible to direct the people involved to adopt the appropriate legal procedures’
For the judge, there is no need to talk about exclusion of liability towards third parties, when the perpetrator has suffered an aggravation of the crimes due to the omission of the accused, whose duty to act is evident, as a service provider.
“The author has been harmed in his honour, a person’s right provided for by the Constitution (art. 5, n. […] It is therefore up to the accused to compensate for the non-pecuniary damage caused by his omission”, determines the judge.
Source: Terra
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