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On a flight lasting more than nine hours, a black lawyer suffers physical aggression and racial insults from a female passenger, while Latam ignores the case. The court decides, and the airline is ordered to pay R$18.
Airline failed to take action during assaults on nine-hour flight
In an episode that shocked Brazil and the world, Latam Airlines was ordered to pay compensation of R $ 18 thousand for moral damages to a black lawyer who suffered a series of verbal and physical attacks during a flight from New York (USA) to Guarulhos (SP).
According to G1 portal , the case, which occurred on February 13, 2022, exposes not only the explicit racism of a passenger, but also the airline's failure to deal with the situation appropriately, putting the passenger's integrity at risk.
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The beginning of the nightmare: attacks already on US soil
The ordeal of João Vitor, the lawyer who was the victim of the attack, began before takeoff, when he was trying to get comfortable in his seat.
The Chinese passenger, Qu Aiong, lay down on the bench next to João Vitor's seat, with the clear intention of preventing him from taking her place.
The behavior, which was witnessed by a Latam employee, is just the beginning of the suffering that the lawyer would have to endure during the more than nine-hour flight.
According to reports in the court case, the passenger uttered words of a clearly racist nature, such as “go back” (“come back”), suggesting that the lawyer should retreat to the back of the plane.
However, Latam did not take any measures to remove the attacker from the location, even though the company employee was aware of the situation.
Instead, the aggressor was simply relocated to another seat, behind João Vitor, a decision that, according to the court, was not enough to prevent the problem from escalating.
The worsening situation: physical and emotional violence
As the flight continued on its course, the situation worsened by the minute. For more than nine hours, the black lawyer was the target of new physical and verbal attacks.
The attacker not only made threats and insults but also kicked the armchair of João Vitor several times, in addition to forcing vomit in his direction, in a clearly hostile and disturbing act.
According to the lawsuit, Latam did not take any measures to guarantee João Vitor's safety, allowing the attacks to continue without any intervention from employees.
The company's omission aerial was considered inadmissible by Judge Juliana Forster Fulfaro, who emphatically stated that Latam not only had a duty to act, but should have taken the appropriate measures while still on US soil.
The trial: Latam's omission and accountability for the omission
In the judgment of the Court of Justice of São Paulo, the Judge Juliana Forster Fulfaro declared Latam guilty of failure to protect passengers.
According to the judge, the company not only failed to prevent the attacks but also failed to contact local authorities when the situation worsened.
The judge considered that, by allowing the lawyer to be the target of attacks for hours without taking any action, the airline violated João Vitor's honor and rights.
The defense of Latam, In her attempt to justify the lack of action, she claimed that it would not be possible to carry out a “forced removal” of the offending passenger and that the situation only worsened after takeoff. However, for the judge, these arguments do not hold up.
The company, as a service provider, has a duty to protect the integrity of its passengers, and it completely failed in this regard.
Repairing damages: compensation for the victim
As a result, João Vitor was awarded compensation in the amount of R$18 for moral damages. The judge emphasized that the psychological and emotional violence suffered by the lawyer went beyond the offensive words, deeply affecting his dignity and well-being.
The decision seeks, in some way, to repair the damage caused by Latam's negligent attitude, which failed to guarantee the safety and respect of passengers during the flight.
This case highlights a systemic problem of racism and customer service failures on the part of airlines.
According to the judge, the Latam failed to act as it should have, allowing the situation to worsen. Financial compensation is a small step compared to the amount of suffering João Vitor experienced during this flight.
The implication of the case for airlines:
In addition to dealing with a specific case of racial aggression, Latam's conviction is a warning to all airlines.
Their responsibility goes beyond simply providing safe transportation. Companies need to ensure that their passengers, regardless of their ethnicity or color, feel respected and safe throughout their journey.
Do you think airlines are actually doing their job of protecting passengers in extreme situations like this?
