THE RIGHT TO COME AND GO: AN ANALYSIS OF THE PROTECTION OF THE FUNDAMENTAL RIGHTS OF CHILDREN AND ADOLESCENTS IN AIR TRANSPORTATION

Abstract

This article presents an exposition on the fundamental right to come and go and its applicability in specific cases. The general objective of the research was to analyze the legal implications of guaranteeing the right to come and go to children and adolescents, given its non-observance by air transport companies in Brazil. It was also guided by the following specific objectives: to describe the policies and practices of airlines regarding the transportation of children and adolescents; to raise the constitutional foundations and the understanding of national doctrine regarding the guarantee of the right to come and go as a fundamental right; to discuss which legal remedies can be used to defend and guarantee the effectiveness of the right to movement of children and adolescents as users of air transport, given the non-compliance with legal requirements by companies that provide this service. The research, of the bibliographic type, was carried out by searching for articles in the legal field, as well as works published in the area of ​​Constitutional Law and Consumer Law, in addition to consulting the legislation and information on the institutional websites of Brazilian air transport companies. It was concluded that airline policies and practices are guided by their own understanding of the right to come and go, which defines protocols that are different from those applicable in light of the legislation in force for travel by children and adolescents. In addition to the appropriate measures, through the search for legal protection, the guarantee of the effectiveness of this right can also be reinforced by updating the legislation and by the participation of society itself in the search for consensus between companies and users regarding the effective compliance with the legislation.