A constitucionalização do direito entre o público e o privado

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This work not only defends a direct entailing of the Basic Rights of the Public Being, but also of the particular ones. The subject, however, for to be very generic in the doctrine and jurisprudence, generates uncertainty in the contemporaneo right of as if it really gives the entailing and of that it forms, and if that is possible. Although not only let us defend the direct effectiveness of the basic rights in face of the State, but of the not public beings, the situations must be analyzed in concrete situations, a time that both the parts are possessing of indestructible rights (of the human being). Still the doctrine as much of the comparative jurisprudence as of the Brazilian right in this question is resistant. In the Brazilian right, this occurs for the lack of matureness and the daily pay-understanding of hermeneutics of the beddings of the Constitution of 1988 in face of the great ditatoriais periods that possess as anchor the Democratic State of Right and the Dignity of the Person Human being. In this way is seen that it has necessity of a bigger protection on the part of the Constitucional law and its normative force to all instances of the right and the proper civil law, searching a new personalization of the civil law having the man as main element the center of all the private relations and that, therefore, it deserves a protection in face of the particular ones (powerful) that they are not demonstrated worried about the minimum protection of the vital minimum rights of the people. The plenary powers citizenship to be a possible form so that this horizontal effectiveness of the basic rights between particular if it implements, but perhaps either a mere utopia not only in the rich countries, but, over all, in the peripheral countries as Brazil. The Judiciary Power has been the great guard in the direction of that the Federal Constitution has normative effect and if it overlaps to the private interests. In the case of countries where the Social State did not arrive effectively, the implementation of the Federal Constitution becomes necessary aiming at to protect the residents in the poor countries of the global capitalism, the new liberal politics and the proper phenomenon, happened of these factors, of the to privatize of new of the right, in which the private law and the power of the particular ones if overlap the public and contribute for the destruction of the State-Nation, where commitment lack with the rights has one vital minimums of being human being, such as the health, the feeding and the education the thousand of Brazilians

ASSUNTO(S)

direitos humanos direito privado repersonalização direitos fundamentais direito

ACESSO AO ARTIGO

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