"THE TRANSNATIONAL GOVERNANCE OF PASSENGERS' INTERESTS IN INTERNATIONAL CIVIL AVIATION".
Transnational governance; global governance in civil aviation; passenger interests; Montreal Convention 1999; consumer;
This dissertation aims to build a photograph, a framework of transnational governance of the interests of civil aviation passengers from the context in which the rules arise, the way in which they are structured and their form and content. The epistemic challenge of the study was to know the dynamics of civil aviation, in order to find solutions to improve the governance of consumer protection, as well as the uniformity of international law. Therefore, the present work used a qualitative methodology, based on an exploratory research, based on a bibliographic review and documental analysis of legal instruments, declarations (soft law) and jurisprudence. Its method is descriptive, based on deductive reasoning, to answer three questions: i) How are legal norms created in the context of global society? "; ii) How is the global governance of civil aviation structured?; iii) What form and content does the global governance of civil aviation take on consumer issues?; As a major premise, it is constituted by the fact of the power of the State and the legal norm that can be crossed by elements of a global society such as deterritorialization, speed and plurality, which promotes change in the transnational regulatory space. The minor premise is that, because it is inserted in the context of intersubjective interests and shared
transnational space, the global governance of Civil Aviation influences the actors involved. In summary, the mapping was carried out, as well as the form and content of the instruments of global governance for the passenger were analyzed. The 1999 Montreal Convention was analyzed from the logic of global governance, which made it possible to understand more deeply its mechanisms. With that, it was identified, in the assistance to passengers, the space of opportune interest to conciliate different social systems in the field of civil aviation. It was also possible to identify solutions arising from global governance itself for the problem of uniformity and
insufficiency of consumer protection, such as the need to expand the participation of their collectivities and establish mechanisms related to judicial governance.