Responsabilidade civil em acidentes aeronáuticos ocasionados por erro na prestação de serviçõs de controle de tráfego aéreo

Abstract

This present academic research has relevance in the civil law and aviation law fields, highlighting mainly the analysis occurrence of plane crashes caused by mistakes in the provenience of service of traffic control, since the application of the civil responsibility institute. About this theme will be explained how the history of world aviation evolved and after that, how the brazilian juridical system received the air rules which resulted from International Treats and Conventions, and also the working of the Brazilian traffic services. Later the incidence of the civil liability of state in Brazilian aviation will be explored, address the use of the referred mechanism in the general air transports, until it is get to the point of the State’s civil responsibility once proven that the plane crash was caused by an error in traffic control services, since the union is responsible for the exploration of air activities, directly or through concession, delegation, or authorization as provide for in art. 21, XII (c) of the Federal Constitution of 1988. Air accidents related to the theme will be analyzed as well as the contributing human factors regarding the error in the provenience in the traffic control service by the flight controller.