SOCIAL FUNCTION OF THE ADMINISTRATIVE CONTRACT AS A VECTOR FOR ECONOMIC SUSTAINABILITY

Abstract

This paper proposes a reflection on the purpose of contracts based on the rereading resulting from the phenomenon of the Constitutionalization of Civil Law and how this new perspective reflects in administrative contracts under the bias of the intersection of the public and private spheres. The analysis is based on the principle of social function provided for in article 421 of the Brazilian Civil Code and how this principle produces effects in administrative contracts in order to conceive it as a vector for the realization and concretization of sustainability, which has now been understood as a constitutional principle. Thus, alongside the conception that the social function of the contract goes beyond the relationship of those directly involved in the mandatory link, including in the administrative sphere, the contract is reflected from its contribution to social good and to life in society as the purpose of state action. For this proposition, the deductive method was adopted, in the sociological legal aspect, the research being framed in the descriptive and propositive type.