THE EFFECTIVENESS OF FUNDAMENTAL RIGHTS IN PRIVATE RELATIONS IN ACCORDANCE WITH THE BRAZILIAN NORMATIVE, DOCTRINAL AND JURISPRUDENTIAL LEGAL SYSTEM

• DOI: https://doi.org/10.22533/at.ed.2164232425117

• Palavras-chave: Fundamental rights; theoretical; effectiveness; irradiation; legal-private.

• Keywords: Fundamental rights; theoretical; effectiveness; irradiation; legal-private.

• Abstract:

  The Federal Constitution established categorically that fundamental rights are directly effective and apply immediately in the state's relations with private individuals, but it did not expressly state that these rights are effective in private legal relations. Thus, some theorists do not accept that fundamental rights are binding in private relations. However, there are others who consider that fundamental rights are binding on inter-private relations, but they differ as to how these rights radiate into these relations. So, what is the theoretical understanding that underpins the issue in the Portuguese legal system? In order to answer this question, this study compiled a set of normative, doctrinal and jurisprudential data on the subject under study and compared them with the hypotheses adopted in the research, then, using the inductive theoretical bibliographic method, it was possible to answer the above question.