The Superior Court of Justice has once again signaled an important understanding for companies operating in the digital environment, especially in the airline and tourism sectors.

In a recent judgment, the court reaffirmed that consumers have the right to withdraw from the purchase of airline tickets made online within seven days, with a full refund of the amounts paid, as provided for under the Consumer Protection Code.

The case involves an appeal filed by companies in the sector against a decision by the Court of Justice of Rio de Janeiro. The reporting justice, Minister Marco Buzzi, voted to maintain the application of the right of withdrawal, rejecting the argument that the 24-hour period established by ANAC regulations should prevail.

Although the judgment was suspended due to a request for review, the position already indicates a clear trend toward strengthening consumer legislation in digital transactions.

WHAT THIS SIGNAL REPRESENTS

The STJ’s understanding reinforces the prevalence of the Consumer Protection Code over sector-specific regulatory rules in transactions carried out in the digital environment.

In practice, the decision extends the cancellation period with a full refund and increases consumer protection in online purchases.

More than a discussion specific to the airline sector, the topic may have repercussions in other segments that operate through digital platforms, especially those that adopt restrictive cancellation policies.

RISKS AND IMPLICATIONS FOR COMPANIES

The extension of the withdrawal period directly impacts cash flow and revenue predictability, especially in business models based on demand anticipation.

There is a tendency toward increased litigation involving refund requests, particularly in cases that exceed the 24-hour period provided for in ANAC regulations.

The conflict between sector-specific rules and consumer legislation requires more careful legal interpretation and a review of commercial practices.

Intermediaries, such as travel agencies, may also face greater risk of joint liability.

STRATEGIC RECOMMENDATIONS

Companies that sell products or services through digital channels should review their cancellation and refund policies.

Terms and conditions must clearly reflect the possibility of applying the seven-day period when a consumer relationship is characterized in the online environment.

It is important to assess the financial and operational impacts arising from this extension of the period, especially in sectors with high price volatility.

The implementation of agile internal processes to handle cancellation requests becomes essential.

Transparency in communication with consumers at the time of contracting now plays an even more relevant role in risk mitigation.

Monitoring the conclusion of the judgment before the STJ is essential, as the matter has not yet reached a final decision.

INSTITUTIONAL REFLECTION

The discussion reinforces a broader movement of adapting consumer law to digital relationships.

Companies operating in online environments must align their commercial practices with the logic of expanded consumer protection, under penalty of increased legal exposure.

PDK Advogados monitors the evolution of case law in the higher courts and its impacts on digital business models, corporate contracts, and commercial strategies. Through our institutional channels, we share ongoing analyses of relevant decisions that affect the business environment.