Considerações acerca da (i) legalidade das cobranças distintas em razão do gênero para o ingresso em festividades de casas noturnas.

Abstract

This monograph deals with the discussion about the illegality in the collection by gender of the service providers that mainly perform activities related to the promotion of festive events. The purpose is to examine whether there is an abusive practice on the part of the latter as regards the price differential between men and women in relation to services provided, in particular those relating to nightclubs. The justification is through this frequent practice in Brazil, which directly affects women, making them a form of attraction in such establishments, and because of this, it is important to analyze this conduct in the light of constitutional principles, as well as the rights consumers. Regarding the methodology, the deductive, dialectical and historical method is adopted and the approach procedure corresponds to the bibliographical and documentary research. Initially, we consider considerations about gender equality, the basic principle of the legal order, female submission and the search of the female class for the right to the isonomic treatment. In the first place, a brief history is presented on consumer rights as well as the subjective and objective elements of the consumer relation, ending with approaches on the basic rights of consumers. It then draws attention to the principle of equality and the achievement of women's rights through the struggle of the feminist movement. Finally, we study the details included in the Technical Note of the Ministry of Justice and Public Security, analyzing it from the point of view of constitutional principles and the parameter on misleading or abusive advertising, alluding to Civil Responsibility. In the light of this, it is concluded that the collection made distinctly between genders constitutes an affront to the constitutional order, as it violates the principle of equality, as well as represents a disrespect to the infraconstitutional normative system, constituting an abusive practice possible to generate civil liability of the provider.