Consumer Contractual Protection And Law No. 14.046/2020

Abstract

The article examines Law No. 14,046/2020, which deals with the cancellation, refund and civil liability of services related to the tourism and entertainment industry, and its repercussions on consumer law, from the perspective of dialogue of sources with the Federal Constitution and the Consumer Protection Code.  The objective is to investigate whether the treatment conferred by the aforementioned law respects the normative core of the consumer protection microsystem, especially the balance of these contractual relations. The research was carried out based on the deductive scientific method of bibliographic and documentary review in national and foreign doctrine and legislation. It was found that the analyzed legislation brings regression to social achievements in private relations, achieved constitutionally, such as the protection of the vulnerable in conditions of business imbalance. The a priori prohibition of off-balance sheet damages is a clear demonstration of the asymmetry of the legal diploma with the consumer protection system and the full compensation of the damages. Finally, it has been verified that the singularities of each contractual conflict, and possible unfair behavior, should not be disregarded with the limitation imposed by the rule as to the supplier's liability, requiring a case-by-case assessment by the Judiciary.