Read Celso de Mello's vote on the application of the CDC to airlines

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In the judgment of the Federal Supreme Court in which it was defined that international civil aviation conventions override the Consumer Protection Code in the event of legal conflicts RE . minister Celso de Mello was one of the losing votes. At the time he argued that a constitutional reading would make the CDC prevail in these cases. Fellipe Sampaio SCOSTF Minister Celso de Mello highlighted that consumer protection is a fundamental right according to the Constitution. Celso de Mello stated that the norm most favorable to the consumer the CDC should prevail based on article item XXXII of the Constitution and that consumer protection is part of the catalog of fundamental rights.

Hence it is fully justified to recognize that consumer Germany Phone Number protection which reflects the fundamental prerogative of the citizen qualifies as a constitutional value inherent to the very conceptualization of the Democratic and Social State of Law which is why it is the responsibility of the entire community and the Judiciary in particular extract their maximum effectiveness from the rights guaranteed to the consumer said the minister in his vote. In addition to Celso de Mello minister Marco Aurélio also lost. The two highlighted that the cases under analysis involve international passenger air transport companies which carry out activities qualified as provision of services.



Therefore they stressed it is a legal consumer relationship with the application of the CDC being mandatory. Victorious rapporteur The trials of the cases were concluded after the presentation of the vote by minister Rosa Weber who accompanied the rapporteurs ministers Gilmar Mendes and Luís Roberto Barroso due to the prevalence in both cases of the conventions on the CDC. For the rapporteurs what Article of the Constitution says must be adopted. The current wording of the provision given by Constitutional Amendment says that the law will provide for the ordering of air water and land transport and with regard to the ordering of international transport it must observe the agreements signed by the Union in compliance with the principle of reciprocity.