STF, aplicação de tratados internacionais e CDC: uma discussão sobre os conflitos envolvendo passageiros de voos internacionais

Abstract

This work has as a goal analyze the thesis fixed by the Federal Supreme Court, that determinates the matter of civil responsibility on international air transport, the international treaties signed by Brazil have supremacy over Consumer’s Protection Code. With the referred analysis, it intends to relieve the importance of the decision, such as submit to critics its bases and consequences. To this end, it is revealed the scope of application and the status of each diploma, in order to assay antinomy between it selves. Besides that, this work has as a goal evidence different ways to solve antinomy, as well as the constitutional contour that is related to the problem. It is proposed evaluate the protection the Brazilian Legal Order dedicates to the consumer in addition to highlight how the jurisprudence kept itself about the subject, always aiming understand the contours of Federal Supreme Court’s decision. For this purpose, it is used the hypothetical-deductive method in this research.