Minister Dias Toffoli of Brazil's Supreme Federal Court (STF) has issued a clarification regarding a decision made in November that froze civil responsibility processes related to delays and cancellations of flights within Brazil. In a ruling published on Tuesday, he limited the scope of this suspension, specifying that it only applies to cases stemming from 'force majeure' events, such as airport closures due to natural disasters. This change aims to bring clarity to a previously ambiguous situation that had led to varying interpretations in lower courts.

The Supreme Court's eventual decision will address whether the Brazilian Aeronautics Code or the Consumer Protection Code should apply in instances where passengers seek damages for cancellations caused by extraordinary events, such as a storm leading to airport closures. This matter is of high significance as it involves the rights of consumers against airlines in Brazil, and the legal framework surrounding accountability for service disruptions.

Toffoli's ruling acknowledges that the previous suspension had created confusion among first-instance judges, some of whom began indiscriminately halting actions related to flight cancellations, regardless of the circumstances. By clarifying the limitations of the suspension, the ruling aims to streamline the judicial process and provide certainty to both airlines and passengers regarding their rights and obligations under Brazilian law regarding air travel.