A constitucionalização do direito privado e o princípio da solidariedade como paradigma nas relações contratuais cíveis.

Abstract

The present monograph have as theme the constitutionalization of the private law and the solidarity principle as a paradigm in the civil contractual relations, highlighting the space of this principle in the Federal Constitution as a fundamental right. From there, intend to study the way that occurred the private law constitutionalization phenomenon, because over the years changes have occurred in the public and private system. The human being became the concern center in the law, having as matrix principle the human dignity principle. The monograph refers to the problematization of the application of solidarity principle in the legal business between individuals and it ways of manifestations. Therefore, specially when it concerns to the contractual relations, the constitutional solidarity principle, became an concretization instrument of the human dignity, being adopt as a regulator of the legal business, equating the substantial inequalities between contractors and limiting freedom of choice. The approach method to be use in the development of the monograph will be the hermeneutic, which allows to interpret what will be researched in the context, considering the social and historic elements of the theme, as existing laws about that.