Sustainable Tourism Law
THE OBLIGATIONS OF BRAZILIAN TRAVEL AGENCIES 429 to twenty years”. That is, no one disputes that the punishment and prohibition expressed in federal law, referring to taking someone’s life with intent or guilt is a legal rule and totally moral and ethical. On the other hand, if we imagine one or many laws that involve, for example, tax obligations, and considering the volume of taxes existing in Brazil, would we be faced with legal norms, however immoral the situation is? In view of the above, we believe that the Global Code of Ethics for Tourism should be a guiding instrument for any and all existing legislation that may be created for the tourism sector in Brazil, and consequently for all tourism service providers. II.2. Brazilian legislation and travel agent obligations From the outset we can mention that every passenger and customer is considered in Brazil as a consumer of goods and services, which is expressed in the Brazilian Code of Consumer Protection, namely federal law nr. 8.079/1990. In the same aforementioned law, the following are evidenced as basic rights of any and all consumers: Article 6 The basic consumer rights are: I – the protection of life, health and safety against the risks caused by practices in the supply of products and services considered dangerous or harmful; II – education and dissemination on the adequate consumption of products and services, ensuring freedom of choice and equality in contracting; III – adequate and clear information on the different products and services, with a correct specification of quantity, characteristics, composition, quality, incidental taxes and price, as well as the risks they present; IV – protection against misleading and abusive advertising, coercive or unfair commercial methods, as well as practices and clauses that are abusive or imposed on the supply of goods and services; V – the modification of contractual clauses that establish disproportionate benefits or their revision due to supervening facts that make them excessively onerous; VI – effective prevention and redress of material and moral damages, individual, collective and diffuse;
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