Análise das decisões judiciais nas relações entre consumidor e prestadora de serviço de hospedagem

Abstract

This work addresses an analysis of judicial decisions involving consumers and lodging service providers, based on the Brazilian Consumer Defense Code, promulgated through Law No. 8,078 of March 11, 1990, which provides for consumer protection . The investigations, jurisprudence of various courts of justice of the federation, appeals from lower courts on decisions favorable or unfavorable to consumers and providers of lodging services, in law, civil liability, often in solidarity, once which, according to art. 18 of the CDC, both the tourism operator and hotel, airline or any tourist segment hired, respond together to actions against its service provision. Arcing with damages of moral and / or material, caused and judged. In the results we find a profile for appeals, territorial standards, qualification in categories of damages, quantification of average values, processes favorable to the consumer and the service provider, and an analysis of the companies with higher incidence of lawsuits. Thus, this research has prove d important so that the society understands the importance of knowing the CDC, as a defense of its rights, with regard to consumption and that respect for this legal order is essential for commercial relations, a better offer to the tourist.