The judicilization of the air sector in Brazil: a diffcult turbulence to overcome

Abstract

Applied to the theme of repetitive demands, when dealing with efficiency and maximization of wealth, the Economic Analysis of Law indicates the probable existence of an imbalance, which always occurs in a relationship when the benefits obtained at the end of the process are greater than the marginal costs of opting for non-judicialization. Using the Economic Analysis of Law, as theory and method, this article asks: Do facilitated access to justice, low litigation costs and the amount of compensation arbitrated in lawsuits influence consumer behavior in the context of repetitive litigation under the approach of the Economic Analysis of Law? The hypothesis is that facilitated access to justice, low costs of litigation and arbitrated damages in lawsuits influence consumer behavior in the context of repetitive litigation in the airline industry. The study analyzed the conceptual and methodological aspects of the theory of Economic Analysis of Law in the context of the increasing judicialization of the air sector from the air blackout occurred in October 2006. The research was bibliographic, based on secondary data, obtained in books, scientific articles, theses and dissertations, electronic networks, through which were explored the possible correlation between norms and judicial decisions and the phenomenon of increasing litigation in the Brazilian air sector under the theoretical approach of the Economic Analysis of Law. The result of the survey indicates the need to change the existing incentives that contribute to the increasing volume of repetitive demands in the air sector.