Viva Air is a pioneering low-cost airline group in the region, created by Irelandia Aviation, a leading low-cost airline developer.
In February 2019, a female cabin crew member of the company and a female passenger were victims of inappropriate touching by another passenger who was allegedly in a state of inebriation. As a result, the corresponding criminal complaint was filed, and the client requested that we support the legal defense of the cabin crew member.
Acting as legal advisors of Viva, we intervened in the investigation ordered by the Public Prosecutor’s Office and presented the arguments supporting our position. As a result, not only did the Public Prosecutor’s Office formalize a criminal complaint, but also formulated an accusation against the passenger.
However, in an arbitrary interpretation, the court rejected the prosecution’s accusation and ordered the case to be closed as requested by the defendant.
In view of this, both the Prosecutor’s Office and our defense filed an appeal, participating in the appeal hearing before the Superior Court, which subsequently issued a resolution declaring the appeals to be well-founded, ordering a new court to issue a new decision. This decision is still pending.
In this sense, it was possible to reverse the arbitrary decision adopted by the Court, to protect the sexual freedom of the cabin crew member who was violated in the performance of her duties.
