Brazilian Court Rejects Azul’s Appeal, Orders Reinstatement of Pilots to Airbus A320 Fleet
They must pay the retroactive salary difference and also a multimillion-dollar fine.
The Regional Labor Court of the 15th Region, in the 11th Panel – 6th Chamber of Brazil, ruled on an ordinary appeal, denying suspensive effect to the decision requiring Azul Linhas Aéreas to reinstate its commanders to a higher classification.
As a result, the airline must continue reinstating Airbus A320 pilots who were originally hired from Avianca Brasil (Oceanair)—pilots who previously flew A320s for the company but were later downgraded to smaller aircraft (Class I), such as the regional Embraer E195 jet and the ATR 72 turboprop.
In mid-2023, Azul had already been sentenced in the first instance to reinstate these pilots to Airbus operations, as well as to pay retroactive salary differences and a multimillion-dollar fine, according to Aeroin, our media partner.
Out of the 45 captains originally hired from Avianca, 25 remain at Azul, and all were downgraded to Class I aircraft. This downgrade was initially communicated by the airline at the time of hiring, while other pilots—those previously employed by Azul or recruited afterward—were not subjected to the same reclassification.
In its defense, Azul argued that the change in pilot classification—within a system comprising 414 captains, divided between Class I and Class II—would require a restructuring of schedules, concentrating pilots in Class I and impacting variable compensation. The airline also claimed that this shift could pose safety risks for both crew members and passengers.
Azul, which operates 51 Airbus A320 aircraft, emphasized the need to maintain operational balance, asserting that the court’s decision would impact approximately 885 pilots with seniority priority and necessitate the reassignment of some commanders.
However, the Public Labor Ministry (MPT) countered Azul’s arguments, noting that in its strategic plan for acquiring aircraft from the defunct Oceanair, the airline had already employed former pilots from the bankrupt company.
According to the MPT, these professionals—who possessed the necessary qualifications to operate the aircraft—were instrumental in launching Azul’s new operations. However, the airline later cut their salaries.
The court ruled that Azul had ample time to provide training and adjust schedules, meaning the company could not claim immediate harm from reinstating the pilots to the A320. As a result, all arguments for granting suspensive effect were rejected, maintaining only the devolutive effect established under Article 899 of the CLT.
This ruling, case number 0011643-19.2023.5.15.0094, is available at this link.
Editor en Aviacionline. Especializado en Aviación Comercial / Aviación en Argentina. 45 años de periodista, y contando.
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