Tempo, transporte público e o direito : um estudo de caso do transporte público de Aracaju

Abstract

Time is life. In this sense, the research in question aimed to analyze the possible loss of vital time for users of public transport in Aracaju, from the perspective of law. Regarding the methodology, we opted for the case study, with the exploration of academic materials, news published in the media, and reports of SMTT, in addition to public civil action, proposed by the Public Ministry, which addresses the Public Transport of the Metropolitan Region of the city, whose data demonstrate injury to the time of users. Thus, the inefficiency of this transport generates a loss of time for citizens, and users of this public service, disrespecting the minimum standards of quality that it should possess. We sought to verify, after, how time is treated, in the ordering, and whether it is possible to protect such protection through it, consulting a vast bibliography, of constitutional rights, including the Right to Public Transport, as well as personality rights, linked to the dignity of the human person, in addition to analysis and deepening about the Theory of Productive Deviation of the Consumer, created by Dessaune. Then, a violation of the individual's right to freedom is considered, so that he is deprived of his right to choose what to do with his own time, given the submission to the endless waiting hours on the journey between work and residence, for example. It is suggested, therefore, that the importance of time as an individual and social value be recognized in law. In this context, it is concluded public transport from Aracaju urgently needs improvement and greater state attention, since it is a social right, with undeniable relevance for the lives of citizens, and is essential for the realization of other fundamental rights. For the resolution of the problem, therefore, it is necessary to bid for Public Transport, which has never occurred and is pointed out as the main reason for the scrapping of such public service, as a preventive measure to the proliferation of new damages, not overlooking the possibility of seeking the repair of the time damage caused. The bidding procedure is one of the possible, and, perhaps, the most urgent solution to be adopted, so that public transport is at least a social right.