The Principle Of Human Dignity And The Paradigm Of Change With Civil Law From Constitutionalisation

Abstract

The objective of this paper is to present the principle of human dignity after being inserted as a cornerstone of the Federative Republic of Brazil by the Federal Constitution of 1988, it has contributed to the paradigm shift in the interpretation of civil law thereby questioning the principle of freedom of choice before placing equity issues and fundamental human rights as a major normative criterion in their relationships. It is noticed that, with the development of these issues, private law passes through the filter of preserving the dignity of people, as has been observed with the inclusion of the principles of good faith, social function of contracts and property (principles which demonstrate constitutionalization of private law in constitutional norms). This paradigm is based on the new post-positivist view of law that has generated reactions in neoconstitutionalism of doctrines, and the year the Brazilian jurisdictional activity. Strictly speaking, there is the overcoming of private law by branches of public law, but rather an adjustment in the dogmatic reality historically realized that put the civil law at levels of a liberal matrix not covered by the national socio-political reality.