Sustainable Tourism Law

THE OBLIGATIONS OF BRAZILIAN TRAVEL AGENCIES 431 consumers, for example, by providing for conditions for alteration, cancellation and reimbursement of services acquired in addition to the other obligations mentioned in the aforementioned standard. While still analysing the Brazilian legislation and its connections regarding the Global Code of Ethics for Tourism, travel agencies have their own federal legislation that regulates their activities, namely Federal Law nr. 12.974/2014, in which we find the following obligations of these providers of tourist services: “Art. 9.º – The obligations of the Travel Agencies, subject to supervision, in accordance with the procedures established in this Law and in the acts arising therefrom: I – strictly comply with contracts and agreements for the provision of tourist services signed with users or other tourist entities; ...” Under the aforementioned law, travel agents have a duty to comply with the agreements they enter into, with the consumers mentioned in the law assuming the role of ‘users’, and with the so-called ‘tourist entities’ becoming the remaining players of the supply chain of tourist services that have their services intermediated by a travel agency. II.3. The fulfilment of obligations by Brazilian travel agencies By scrutinizing the day-to-day of travel agencies, it is extremely interesting to analyse the fulfilment of the obligations presented in the norms mentioned in the previous topic. Those are the objective of this study, namely the Global Code of Ethics for Tourism. Therefore, a study carried out by the National Justice Council called “Justice Report in Numbers 2017 (Relatório Justiça em Números 2017)” based on the year 2016, shows in the following table the volume of lawsuits active in the Courts of Justice throughout Brazil, of first instance and higher instances, classifying more recurring demands according to the classes and subjects: In the analysis of the next table of the CNJ (Brazilian National Council), we have found that in the State Courts (considering that Brazil has 27 State Courts of Justice) the largest volume of lawsuits pertain to the area of Civil Law and Consumer Law, and they have as main causes “obligations / types of contracts” for Civil Law cases, and “liability of suppliers / compensation for moral damages” for Consumer Law cases.