Programas de fidelização e milhagem: análise jurídica do modelo de negócio

• Ano de defesa: 2017
• Autor(a) principal: Arthur Salles de Paula Moreira
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais
• Palavras-chave em Português: Direito empresarial; Linhas aéreas - tarifas; Contratos; Cláusulas abusivas
• Link de acesso: https://hdl.handle.net/1843/79756

The progressive growth of the loyalty programs and frequent-flyer programs put the business activity in evidence in the market. However, their growing development and profitability were not accompanied by in-depth legal studies on the activity, revealing basic doubts about the operation and use of miles and loyalty points, as well as the lack of knowledge regarding the business model. As a result of this reality, the rights deriving from these programs have been recognized in a different way by the doctrine and the Courts, who are hesitating in a systematized and technical definition regarding the onerousness of the relationship established in the context of loyalty programs and the way of developing the activity. It is precisely this context of uncertainty and uncertainty that justified the development of the present research, focused on the field of Business Law, which promotes an analysis of the question, for the technical clarification of the business model related to loyalty programs and frequent-flyer programs. Based on the present study, it was necessary to verify if the loyalty programs, as well as the requent-flyer programs, have as a presupposition the execution of onerous legal transactions that support the so-called issue of loyalty points and miles, or if, in fact, it treats unilateral legal transaction. The hypothesis verified is that the loyalty and mileage programs comprise a complex contractual relationship, such as a network of contracts between businessmen and the consumer. In this respect, the relationship established between the businessmen and the consumer would be burdensome and would be based on a consumerbased contract, which would therefore attract the application of the rules of the Consumer Protection Code and thus, in some cases, unfair clauses in the so-called “regulations” of those programs. For the analysis of the proposed questions, the methodology adopted in the present study falls within theoretical research in the juridical-dogmatic aspects, according to research of the legal-comparative, legal-interpretative and legal-propositional types. In this context, it is the intention of the present work to address the existing challenges in this area based on the legal analysis of the business model involving loyalty programs and frequent-flyer programs, as well as the rights related to miles and loyalty points, in order to understand the legal framework of business activity.