O princípio da solidariedade na constitucionalização do direito privado como forma de prevenção ao litígio judicial nas relações interpessoais.

Abstract

The issue proposed deals with contemporary constitucionalism, which seeks to understand the living the solidarity principle in the interpersonnel relationship in a society that has been caractherized by selfish people.The study is attached to that line of research due to interprivate relations under the Constitutional Law, whose main line is the solidarity principle which is very important to human progress. The work has a bibliographic approach and it uses both deductive and hypotetic methods of research which are relevant tools in the context of a deep annalysis of all elements this study comprises. Related to the research technique it was used indirect documentation such as referrences of those doctrines already been published. Thus, considering that solidarity is a duty fixed in the 1988 Brazilian Constitution, it was designed to regulate the life person inside the society and taking into account the slow procedures of Brazilian Judiciary system as well as the great number of conflicts submitted to that system, the present study intend to answer the following question: could the effectiveness of solidarity in private relations be a kind of preventig mechanism of such conflicts and, therefore, to wane the disputes before judiciary system? The discussion proves its relevance having the solidarity effectiveness on the personnel relationship based upon the constitucionalization of Private Law, which defines the reduction of judiciary questions because those people involved in such disputes are capable of talking and settled their differences and, thus,to prevent the conflict dynamics through education. The result of the question of the problem consists in the effectiveness of the solidarity in the personal relations, from the constitutionalization of the private law, it determines a reduction of the judicial lids, since the people involved will be able to dialogue about their differences.