A HIPERVULNERABILIDADE DO CONSUMIDOR TURISTA E SUA SITUAÇÃO DE EXCLUSÃO NO ÂMBITO DO MERCOSUL

Abstract

Consumers are currently integrated into the global market, primarily through e-commerce and tourism, thanks to the development of more efficient, faster, and accessible means of transportation and communication. MERCOSUR (Southern Common Market) is a regional bloc that, like others, emerged as a result of the globalization of commercial activities, fostering the development of an associative movement among governments aiming to achieve similar economic objectives. Considering this, it is no longer sufficient to consider only the consumer protection of the national legal systems in international trade; instead, it is necessary to establish integration mechanisms that can provide adequate protection for the interests of tourist consumers in the Mercosur region, thereby promoting deeper integration and socio-economic improvement among member states. The objective of this research is to investigate consumer protection, particularly for tourists, within the bounds of MERCOSUR. The central premise stems from the study of the existing regulations within this bloc intended to defend the interests of these individuals, as well as their application. It is observed that it is the responsibility of all signatory states to protect bloc citizens at an adequate and equivalent level, even when temporarily outside their home countries. Addressing this issue would represent a significant effort to enhance the standard of living for consumers, ensuring fair treatment for all. Moreover, it would strengthen international cooperation and enhance market competitiveness, thereby contributing to a more robust economic growth. The main objective is to study the efficiency of MERCOSUR integration processes concerning the protection of tourist consumers, including considerations about the national jurisdictions of its members. The research analyzed the vulnerable position of foreign tourists and the need to protect their interests and rights, addressing the initiative of MERCOSUR countries to update the Interinstitutional Agreement of Understanding among the Consumer Protection Bodies of the Member States for the Defense of the Visiting Tourist. It is concluded that a possible solution lies in modernizing the legal framework so that all consumer protection norms are applied simultaneously, ensuring their maximum protection through a system open to more appropriate and protective solutions.

Keywords: Compared Consumer Law. MERCOSUR. Regulation.