332 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY 1. RECENT DEVELOPMENTS RELATED TO COVID-19 AND TOURISM LAW IN BRAZIL Brazil is one of the hardest-hit countries by COVID-19 in the world. A rising number of diseased and dead people linked to undercounting produces an environment of preoccupation in both sanitary and economic aspects. Tourism is a strategic point in the Brazilian economy, occupying a special position of the Brazilian Constitution, which refers, in the Article 180, the tourism sector as a factor of social and economic development to be promoted and motivated by cities, states and federal governments2, demonstrating the relevance of tourism in the most important Brazilian regulation3. Furthermore, consumer protection is considered as a fundamental right and also a principle of Economic Order4. A large study of the Ministry of Infrastructure, called “Impacts of COVID-19 - air transport sector: analysis of the period from 1 January to 17 April”5, describes the high impact suffered by the air transport trade, being an essential reference for all tourism sector. As an example, it indicates that the number of available seats was, in the scenario before COVID-19, almost 9.5 million, in 403 routes, whereas the current number of available seats is 803,044 (-92,6%) in 116 routes (-66 routes). Concerning the number of flights, the national flights dropped from 2,807, in 2019, to 224, in 2020, after COVID-19 (a reduction of 92,9%). International flights went from 40 to 39 (-89,3%). Consequently, the loss of revenue due to COVID-19 was 3 billion Brazilian reais (R$). As a consequence of this tremendous impact, new governmental initiatives have been put into action in order to reduce the damages caused by the COVID-19 crisis and avoid a high number of claims related to the tourism contract nets6. It is exactly these new norms, as well as the dialogues and eventual conflicts among all the related rules, which we will be analysing in the following chapters. 2 SANTOS, Diogo Palau Flores dos. Direito Constitucional. In: MARTINEZ, Regina Célia; GARCIA, José Ailton (org.). Direito e turismo. São Paulo: Saraiva, 2014. p. 304. 3 BADARÓ, Rui Aurélio de Lacerda. Turismo, constituição e lei do turismo: considerações sobre o ordenamento jurídico brasileiro para um direito do turismo. In: BADARÓ, Rui Aurélio de Lacerda (org.). Turismo e direito: convergências. 2. ed. São Paulo: SESC São Paulo, 2014, pp. 23-25. 4 GRAU, Eros Roberto. A Ordem Econômica na Constituição de 1988. 19. ed. São Paulo: Malheiros, 2018, pp. 245-248. 5 Original name: Impactos do COVID-19 – setor aéreo: análise do período de 1. de Janeiro a 17 de abril. 6 MARQUES, Claudia Lima. Contratos no código de defesa do consumidor. 6. ed. São Paulo: Revista dos Tribunais, 2011, pp. 109-116.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==