Sustainable Tourism Law

428 SUSTAINABLE TOURISM LAW conditions of travel, hospitality and stays; they should ensure that the contractual clauses proposed to their customers are readily understandable as to the nature, price and quality of the services they commit themselves to providing and the financial compensation payable by them in the event of a unilateral breach of contract on their part;” The analysis of the article including the above mentioned global norm is relevant because if the aforementioned obligations are necessary to the activity of all the providers of tourist services, with respect to the distribution agents and intermediaries of such services, particularly comprising the travel agencies in their diverse modalities, we will try to understand if, for this activity and tourist service provider, the fulfilment of such obligations is also legally required in Brazil, if the travel agencies comply with them, or if the practices used by the market and relations between travel agencies and consumers in Brazil shows the reverse. II. DEVELOPMENT II.1. Ethics, Law and Tourism To begin with, it is extremely relevant to point out that the Ethics considered in this study should be understood as a principle and premise, ie, the importance of the obligations that will be analysed are inserted in a Global Code of Ethics, in this case for Tourism, showing how the creation and analysis of any rule of a national legal system cannot disregard the requirement and compliance expressed in the aforementioned global code of ethics. This happens because when we come across readings and analyses of doctrines in the field of humanities, we find several positions and studies between ethics, morals and law. Thus, if we consider that ethics presuppose something greater than the terms expressed in any norm that may be created or already exists, it seems evident and transparent to us that the norms, the laws, exist. However, they are inserted in morality and ethics, because there is no way to evaluate something as a norm, as a law, without disregarding whether or not it is in conformity with morality and ethics. This way, it is possible to say that there are legal and moral norms, for example, as expressed in article 121 of the Brazilian Penal Code of 1940 that brings up the crime of murder “Kill someone. Penalty – imprisonment from six

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