Conflito aparente das normas consumeristas com os limites de indenização nos casos de extravio de bagagens em viagens internacionais: reflexões acerca da decisão do STF no Recurso Extraordinário 636.331

Abstract

This dissertation aims to analyze the determination set by the Brazilian Federal Supreme Court (STF) regarding civil liability in international air transport. The crux of the matter lies in the assertion that international treaties, when signed by Brazil, take precedence over the provisions of the Consumer Protection Code in this specific context. The research investigates the implications and nuances of this decision, as well as its impacts on consumer rights protection in international air transport situations. Through a legally grounded approach and critical analysis, this work seeks to provide a comprehensive understanding of the practical and theoretical implications of this doctrine established by the STF, contributing to the debate on normative hierarchy in cases of conflict between international treaties and national consumer protection legislation. To do so, a hypothetical-deductive reasoning approach is employed.