Responsabilidade civil dos transportadores de passageiros em face do Código de Defesa do Consumidor.

Abstract

The monograph under discussion deals with the Civil Liability of Carriers of Passengers , turning to the analysis of civil liability in the face of the Code of Consumer Protection , in order to ensure compensation for damage caused to the passenger , consumer contract of adhesion . The principle has been based on the study of the historical aspects of Liability , analyzing inherited contributions of Roman law , French law , until the advent of Risk Theory . The distinction between subjective and objective Liability , contract and tort , as well as developing a close function of Liability in everyday life analysis. After studying the Civil Liability at first, move on to the study of this in relation to the Code of Consumer advocacy analyzing what comes to consumption ratio as between the parties , conceptualizing its main elements , as a carrier, consumer product and service. Finally , the work deals with the carriage of passengers in Brazil , more specific and peculiar way , giving emphasis to the dictates of the Civil Code and the Code of Consumer Protection . Especially in relation to the contract of carriage , contract of adhesion , passenger transport, air transport rules , regard responsibility to the land and relating to maritime transport carriage , and a special focus in respect of Article 14 of the CRC. The Carrier shall act always in accordance with the norms established by the Code , and that act at variance with these rules , can undoubtedly be blamed for the moral and economic consequences caused to the consumer.