The Ministry of Justice imposed a fine of BRL 3 million on Itapemirim Transportes Aéreos for failure to provide consumer services after the cancellation of more than 500 flights in 2021, on the eve of the holiday season. The folder understood that the company left thousands of people harmed without providing proper assistance.
The National Consumer Secretariat, of the Ministry of Justice, states that the company failed to comply with both the Consumer Protection Code and Anac (National Aviation Agency) cancellation rules, which provide for passenger reaccommodation, granting of full refund or execution of the service. by another modality chosen by the consumer.
The Ministry of Justice states that, in order to arrive at the amount of the fine, the severity of the damage to the consumer, the size of the company and the gross monthly revenue were considered. The company has 30 days to make the payment, but you can still appeal.
The funds must be deposited in the FDD (Fund for the Defense of Diffuse Rights), which is intended for projects that prevent or repair damage to consumers, the environment, historical and artistic heritage and other diffuse and collective interests.
In a note, the Ministry of Justice says that, since the suspension of activities, the company has stopped responding to complaints presented on the Consumidor.gov.br portal, which aims to direct dialogue between consumers and companies to resolve conflicts.
Before the exclusion of the company from the system, made after the lack of responses, 5,033 complaints had been registered in 2022 against Itapemirim Transportes Aéreos. In 2021, there were 1,624 complaints.
The Itapemirim Group announced the suspension of Itapemirim Transportes Aéreos operations at the end of 2021, after six months of operation, and took passengers by surprise at airports. There were reports of flights canceled minutes before takeoff, with customers already on board.
According to the Ministry of Justice, 514 flights were cancelled. An estimate by Procon-SP informs that the suspension caused damage to about 130 thousand passengers. The group has been in judicial recovery since 2016 and has tax debts estimated at almost R$2 billion.
Earlier this year, Anac prohibited Itapemirim Transportes Aéreos from selling airline tickets again until the company demonstrates that it has completed corrective actions.
In April, the airline’s president, Adalberto Bogsan, told employees that the company had been sold. “After completing the deal, the new shareholder concentrates his efforts on capitalizing the company, reorganizing and maintaining the group of employees and executives”, stated the text signed by Bogsan.
The buyer, however (the Brazilian real estate entrepreneur Galeb Baufaker Júnior, from the Gbaufaker Group), backed out of the deal after the Court blocked the assets of Sidnei Piva de Jesus, from the Itapemirim Group, from all the companies he had opened since 2016. and the accounts of his wife, Silvana dos Santos Silva.
Baufaker Júnior says that his final decision, however, will take place after the creditors’ meeting, which is scheduled for next Tuesday (10).
Sought after, Itapemirim did not send a position until the publication of this text.
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