O Caráter de direito público do direito aeronáutico e a prevalência do interesse coletivo sobre o interesse individual no que se refere a Lei do Abate

• Autor(a) principal: Lucatto, Bárbara Romanini
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/11832
• topic: Lei do Abate; Constitucionalidade; Inconstitucional

This study aims to present the need for law in interpersonal relations, demonstrating that the law itself is closely linked to the concept of justice. In addition, it addresses the oldest division of the branches of law and its direct influence on the application and constitutionality of the Slaughter Law. Within the specific concept of the Slaughter Law it is observed that the aeronautical legislation is formed by rules of Private Law that regulate, mainly, the relations of consumption and norms of Public Law, that regulate the relations of the State with the particular ones, mainly with regard to concerns the Law of Slaughter. This, in turn, proves to be constitutional, since there must be a prevalence of collective interest over the individual, provided that the procedures established in the Destruction Shot Law itself are applied. In this work, the qualitative approach was used, based on the exploration of concepts and situations capable of introducing the real necessity of the Law of Slaughter and its application, especially against those who understand Decree 5.144 / 2004 as unconstitutional, for violating principles and rights inherent to human dignity. Data collection was also performed through the analysis of documents and bibliographic references, contexts and archives that ended up demonstrating the main opinions related to the application of the Slaughter Law. Through the methodology, it was possible to identify the importance of the application of the Law of Slaughter and its constitutionality, since the realization of individual rights to preserve collective interests must occur, especially regarding the benefits of the law for society as a whole, decreasing drug and weapon entry, resulting in increased public safety and health.