Frequent Flyer (Miles) Program and Loyalty Contracts: Legal Status and Impacts on Consumer Law

Abstract

Relevant theme within the new consumer relations is the legal nature of frequent flyer (miles) programs and loyalty contracts. From a post-positivist view, it is understood that the consumer's rights suffer direct impact of private publicity phenomenon, it means, a constitutional reflection in the interests of individuals, because they constitute an integral part of a social whole, metaindividual rights holders. One aspect to be addressed is what concerns the own legislative mutation with respect to its interpretation, at the time the legal norm becomes a compound of normative determinations of heteronomous and ambiguous character, assuming, then, a new legal from a modern systematic hermeneutics. Will be seen, also, the influence of constitutional principles on consumer rights as legal science, not just an ideological (theoretical) level, but from a practical aspect, when analyzing some cases, in spite of a public view on consumer rights and the defense of their interests in decisions handed down by judges as well as by Brazilian higher courts. We will review any legal nature of miles for addressing a new form of service contracts, through an indirect compensation, can be faced as a kind of money. The research method is the hypotheticaldeductive.