LIMITES INDENIZATÓRIOS EM TRANSPORTE AÉREO INTERNACIONAL: UMA ANÁLISE SOBRE A PROTEÇÃO INTEGRAL DO CONSUMIDOR ANTE O PRINCÍPIO DA SUPERIORIDADE DO DIREITO INTERNACIONAL

Abstract

Starting from Theme 210 of the STF, the present study formulated the following question: has the materialization of the principle of superiority of international law harmed the fundamental right to consumer protection with regard to the civil aviation indemnity system? To answer this question, the existing antinomy between the Montreal Convention and the CDC was analyzed, the decision rendered in the seat of RESP 636331/RJ by the Supreme Court was examined and the advances and setbacks arising from the established thesis were investigated. Methodologically, a deductive, exploratory and qualitative bibliographic research was carried out. In the end, it was concluded that doctrinal opinions on the subject diverge, so that part of the experts points to a setback to consumer guarantees, while another argues that the decision reaffirms Brazil's commitment to agreements signed at the international level without abandoning the consumer.