Análise da cobrança por marcação de assento em avião no Brasil como prática comercial abusiva

Abstract

This exposition aims to analise in a critical way if the commercial practice of charging for seating allocation on airplane in Brazil can be considered as an abusive practice. Thereby, it is outlined what is understended for the practice, analysing the object, specially under Constitutional, Consumer’s and Civil Rights points of view. Therefore, it is made a study with dedutive methodology, using bibliograaphycal research about the subject, analysing the principles and the law relateds to the case, beside of documental research about the positioning issued by the National Agency of Civil Aviation, by the Federal Public Prosecution, about the proposition of the Law Project n. 168/2018, that aims to prevent the practice of seating allocation, and about the offical websites of brazilians Airlines, beside the use of qualitative methodology to support the practice aspects of how the charge interferes on consumer’s relations. Therefore, on a conclusive aspecto of the study, the lesson achieved is that the new practice is considered as abusive. However, it can’t be forgotten an argumentative procedure well founded, specially with the use of principles and legislation applicable to the case.