Air transport and consumption: The Extraordinary Resource 636.331 STF in the light of the dialogue of sources and the prohibition of regression principle
DOI:
https://doi.org/10.18316/redes.v7i2.5820Keywords:
Consumer, Air Transportation, Extraordinary Resource 636.331, Source Dialogue, Prohibition of Regression.Abstract
From the perspective of Brazilian air transport, this article analyzes the Extraordinary Appeal 636.331 STF in the light of the dialogue of sources and the principle of the fence to the retrocession in the consumerist sector. The deductive method of investigation was used, based on national and foreign bibliographical research, with the result that the limitation of the indemnification quantum for material damages and the reduction of the prescriptive period for the filing of reparatory action wound the death of the idea of integration (CDC and Warsaw / Montreal Convention), as well as socially backing consumer rights, transferring to the most vulnerable part of the relationship the business risk, which must be borne by the supplier.
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