As garantias dos indivíduos nos contratos de permissão no transporte público intermunicipal do Estado do Rio Grande do Norte e o direito a gratuidade do Idoso

Abstract

The present work has the scope of evaluating the guarantees of the individuals in the contracts of permission of the intermunicipal public transport in the State of Rio Grande do Norte and the right to the elderly free of charge. The main milestone focuses on the possible gaps in the provision of the public intercity passenger transport service and the affront to the rights of the elderly caused by the State and permit providers of public services. To develop this research, the definition of public service permission will be verified, in the light of the Federal Constitution and the Constitution of the State of Rio Grande do Norte, bringing a doctrinal and jurisprudential look, in addition to entering into the Federal and State infraconstitutional legislation. Another essential point hangs in the intercity transport permission contracts in force in the State, verifying the rights and duties of the permit holder and permissionaires, contemplating the territorial limits of responsibility of each permissionee, entering into the principle that includes these pacts. Finally, the responsibility of the State and licensees will be analyzed, in addition to the land transport agencies and their determinations on the theme, through the national land transport agency - ANTT and the Rio Grande do Norte road and highway department. - DER / RN. It concludes in the affront to the right of free elderly people in the face of the lack of inspection between the origin, itinerary and final destination. The methodology adopted was based on a qualitative approach, through empirical research and bibliographic studies of a legal and theoretical positivism method, analyzing constitutional and infra-constitutional legislation, bringing in some points the jurisprudential understanding.