Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

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dialnet-ar-18-ART00012231922017-10-13Consumer law in Constitution: a big mistake? The specific case of aviation in BrazilLaurence Defossez, Delphine AurelieConsumer rightsFundamental RightsConstitutionAviationCDCconsumer rightsfundamental rightsConstitutionconsumer rights as a fundamental rightGlobalisation, alongside with the growth in trade and wealth has influenced the considerable development of consumer law over the last 50 years. In some countries, consumer rights have been embraced at the highest Constitutional level. For instance, in Brazil, consumer protection has been given a constitutional value. This constitutional value has been reinforced by the approach taken by the Federal Supreme Court of Brazil with regard to that nation’s Consumer Code (CDC). In spite of the existence of a specific federal agency with its own rules to govern civil aviation, the services rendered by airline companies are also subject to the Consumer Code.  For an obscure reason, and even though logic would favor application of the Montreal Convention, Brazilian judges prefer to apply the Brazilian Consumer Code to international air service, in cases involving consumers. The conflict between the Montreal Convention and the CDC is limited to one area, which is one of the most important areas regulated by the Convention, namely the civil responsibility of the carrier. This paper demonstrates that the inclusion of consumer rights as Constitutional rights does not improve the standard of consumer protection but instead put a heavy burden on airlines and in the case of the CDC even creates legal uncertainty.2017text (article)application/pdfhttps://dialnet.unirioja.es/servlet/oaiart?codigo=6132339(Revista) ISSN 2359-5639Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 4, Nº. 3, 2017 (Ejemplar dedicado a: setembro/dezembro), pags. 61-84engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: https://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: https://dialnet.unirioja.es/info/derechosOAI

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Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 4, Nº. 3, 2017 (Ejemplar dedicado a: setembro/dezembro), pags. 61-84

English

Consumer rights
Fundamental Rights
Constitution
Aviation
CDC
consumer rights
fundamental rights
Constitution
consumer rights as a fundamental right

Consumer rights
Fundamental Rights
Constitution
Aviation
CDC
consumer rights
fundamental rights
Constitution
consumer rights as a fundamental right
Laurence Defossez, Delphine Aurelie
Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

Globalisation, alongside with the growth in trade and wealth has influenced the considerable development of consumer law over the last 50 years. In some countries, consumer rights have been embraced at the highest Constitutional level. For instance, in Brazil, consumer protection has been given a constitutional value. This constitutional value has been reinforced by the approach taken by the Federal Supreme Court of Brazil with regard to that nation’s Consumer Code (CDC). In spite of the existence of a specific federal agency with its own rules to govern civil aviation, the services rendered by airline companies are also subject to the Consumer Code.  For an obscure reason, and even though logic would favor application of the Montreal Convention, Brazilian judges prefer to apply the Brazilian Consumer Code to international air service, in cases involving consumers. The conflict between the Montreal Convention and the CDC is limited to one area, which is one of the most important areas regulated by the Convention, namely the civil responsibility of the carrier. This paper demonstrates that the inclusion of consumer rights as Constitutional rights does not improve the standard of consumer protection but instead put a heavy burden on airlines and in the case of the CDC even creates legal uncertainty.

Article

Laurence Defossez, Delphine Aurelie

Laurence Defossez, Delphine Aurelie

Laurence Defossez, Delphine Aurelie

Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

Consumer law in Constitution: a big mistake? The specific case of aviation in Brazil

consumer law in constitution: a big mistake? the specific case of aviation in brazil

2017

https://dialnet.unirioja.es/servlet/oaiart?codigo=6132339

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