The Law and Regulation of Airspace Liberalisation in Brazil: What is the Way Forward?

The book starts from the premise that the current aviation framework in Brazil cannot sustain a full liberalization in the long run. The competition rules in place offer a strong framework, but they are not enough to foster a healthy liberalization. State intervention is crucial to avoid national carriers suffocating under external pressure and to protect passengers. The protection framework for passengers is uncertain and burdensome, and there is no harmonization of passenger compensation, leading to contradictory judgments and possible high moral damages. The book compares the Brazilian framework to the European one to benefit from the European experience.

Format: Paperback / softback
Length: 244 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

The aviation framework in Brazil faces significant challenges that hinder a full liberalization in the long run. While the competition rules in place provide a solid foundation, they need to be augmented to promote a healthy liberalization. Historically, Brazilian airlines operated in a homogenous market, where competition was artificial and limited. This artificial competition was achieved through legal obligations such as providing water and snacks and granting a 23kg bag allowance, resulting in a highly concentrated domestic market with few players. In comparison to other markets of similar size, such as China and India, Brazil lags significantly in terms of the number of national airlines operating. Consequently, it is crucial to regulate the opening of the domestic market to prevent national carriers from being overwhelmed by external pressure. State intervention during the liberalization process is essential to ensure that the interests of passengers are protected.

Another significant issue is the protection framework for passengers, which is inadequate and burdensome. This framework lacks harmonization, leading to contradictory judgments and potential high moral damages, hindering legal certainty for airlines. In contrast, airlines in the EU have a broader range of defenses available to them, which are more frequently accepted by courts.

To address these challenges, this book critically analyzes the policies and regulations in place in Brazil, comparing them to the European framework. The choice of comparison with Europe is motivated by the perception that European liberalization has achieved the best results to date, and as Brazil seeks to emulate best practices in the aviation industry.

The book begins by examining the historical background and development of the aviation industry in Brazil. It highlights the challenges faced by the country, including the lack of infrastructure, high costs, and limited access to markets. It also discusses the government's efforts to promote aviation development, including the establishment of regulatory bodies and the implementation of policies aimed at attracting investment and promoting competition.

Chapter 2 explores the current aviation framework in Brazil, including the competition rules, regulatory bodies, and policies related to passenger protection. It analyzes the strengths and weaknesses of the framework and identifies areas where improvements can be made. The chapter also discusses the impact of the European Union's aviation framework on Brazil and highlights the lessons that can be learned from European experiences.

Chapter 3 examines the policies and regulations in place in Europe, particularly in the context of liberalization and passenger protection. It discusses the European Union's regulatory framework, which is considered one of the most comprehensive and effective in the world. The chapter also examines the role.

Chapter 4 discusses the challenges faced by Brazil in implementing European-style policies and regulations in the aviation industry. It highlights the need for political will, regulatory expertise, and infrastructure development to ensure that the policies are effectively implemented. The chapter also examines the role of international organizations, such as the International Air Transport Association (IATA) and the World Trade Organization (WTO), in promoting aviation liberalization and passenger protection.

Chapter 5 concludes the book by summarizing the key findings and recommendations. It emphasizes the importance of a balanced approach to aviation liberalization, which considers the interests of all stakeholders, including airlines, passengers, and the broader economy. It also calls for continued efforts to improve the aviation framework in Brazil, including through the implementation of effective competition rules, the protection of passengers, and the promotion of infrastructure development.

In conclusion, this book provides a comprehensive analysis of the policies and regulations in place in Brazil and Europe, comparing them to promote a healthy liberalization in the aviation industry. It highlights the challenges faced by Brazil and identifies areas where improvements can be made. The book concludes by emphasizing the importance of a balanced approach to aviation liberalization, which considers the interests of all stakeholders and promotes the development of a competitive and sustainable aviation industry.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032180878