A aplicação do direito de arrependimento às compras de bilhetes aéreos realizadas pela internet

Abstract

The present work has the purpose of analyzing the application of the right of repentance, foreseen in the Consumer Defense Code, to air transport contracts made through the internet. To do so, as a methodology, the comparative procedure method was used, since it was intended to carry out in a brief way a comparative analysis of the country rules that deal with the right of repentance, paying particular attention to the purchase of air tickets made through the internet, and also with foreign legislations on the subject, as well as the method of bibliographic procedure and deductive approach, from the analysis of the doctrine of books, articles and jurisprudence. In addition, an apparent conflict of rules between the Consumer Defense Code and Resolution No. 400/2016 of the National Civil Aviation Agency (ANAC) was analyzed, as well as the pertinence of the Senate Bill No. 281/2012, which proposes the addition of nine paragraphs to the provision on the right of repentance and delegates its regulation to regulatory agencies, which may stipulate a different time limit when purchasing air tickets. Finally, it is concluded that there is a need to perfect the device brought in art. 49 of the CDC and that PLS 281/2012, as it is, will not resolve the issue surrounding the issue, which may even open gaps for the consumer to bitter more abuses by suppliers, albeit indirect ones. Thus, the right of repentance provided for in Law No. 8.078 / 90 should be applied to the purchase of air tickets, but limits must be observed, such as the purpose for which the institute was created and objective good faith.