Novos caminhos do direito civil : da despatrimonialização à elevação ao plano constitucional dos princípios e normas de direito privado

Abstract

This monograph aims to analyze the theoretical assumptions of the civil law doctrine seen from a constitutional point of view. The reason for choosing this theme is based on the current need to intensify the debate on the phenomenon of constitutionalization of norms that regulate the relationship between individuals. One of the objectives of the present research is to verify if, through the doctrinal conception of the civil-constitutional law, one can glimpse the preponderance of the personality rights in relation to the patrimonial ones. To do so, the current doctrinal, legislative and jurisprudential outline of the institute of the constitutionalization of Civil Law will be analyzed. In the course of the work, the positive and negative effects of the constitutionalization of private law norms in the Brazilian legal system will be reproduced. In the end, it will seek to weigh the innumerable advantages - such as the approximation of the social ideals emanating from the constitutional text - and the disadvantages brought about by innovation and the risk caused by the immoderate grounding of judicial decisions based only upon the principle of the dignity of the human person. Finally, conclusions will be drawn regarding everything that was exposed throughout this monograph, being necessary to add that the present work does not have the capacity to deplete all the content of the matter, but only to highlight the relevant points.