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- Title
A (TRAGIC) LEGAL CONSEQUENCE OF COVID 19: MISTAKEN INTERPRETATION OF LAW NO. 14,034 OF AUGUST 5, 2020 AND THE ATTEMPT TO APPLY IT TO COMPLETE LEGAL ACTS.
- Authors
MENEZES VIGLIAR, JOSE MARCELO; BARRETO JUNIOR, IRINEU FRANCISCO; ROSENBROK TEIXEIRA, ALEX; DE SOUZA DEL'OLMO, FLORISVAL
- Abstract
Objectives: To analyse e Law No. 14,034/2020, which provides for emergency measures for Brazilian civil aviation due to the Covid-19 pandemic, and which was misinterpreted and affected complete legal acts, requiring judicial intervention to make it absolutely clear that the legislative innovation cannot reach such acts. Methodology: The methodology of the paper adopts a legal-dogmatic approach that contemplates the law with epistemological self-sufficiency and works with elements that are internal to the legal system. This approach examines the notions of efficiency and efficacy of legal norms and requires extrapolation of the analysis of the normative discourse beyond the limits of the legal system. Results: To reiterate that the Federal Constitution of 1988 expressly recognized, in Article 5, paragraph XXXVI, legal certainty as one of the guarantees of the citizen. That provision refers to the acquired right, the complete legal act and the res judicata, as clauses that restrict the legislative activity that may introduce changes to the infraconstitutional legal system. Contributions: The paper validates the guarantee of the complete legal act, considering that the purchase of airline tickets is made, almost entirely, by the digital means available. It demonstrates that the intention of the suppliers of these services, who tried to fulfil the cancellations that had been concluded even before Provisional Measure 925, causes unacceptable legal uncertainty for consumers.
- Subjects
COVID-19; COVID-19 pandemic; AIRLINE tickets; JUSTICE administration; DISCOURSE analysis
- Publication
Revista Jurídica (0103-3506), 2021, Vol 2, Issue 64, p337
- ISSN
0103-3506
- Publication type
Article