Abstract

SILVA, Marcos Alves da; MOREIRA JUNIOR, Luiz Carlos  and  BALDISSERA, Leonardo. THE CONSTITUTIONALIZATION OF CIVIL LAW AND CONSUMER LAW AS EFFECTIVENESS OF FUNDAMENTAL GUARANTEES. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.203-218.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.09.

The present study reveals an approach to Brazilian civil codification coupled with important historical factors that have enshrined the right of the consumer as a special norm, as well as discusses the aspirations that led to the Constitutionalisation of these legal instruments as fundamental rights in the Political Charter in line with the principles of human rights and the dignity of the human person and the respective impacts on contractual relations, as in the relativization of pacta sunt servanda. We will also demonstrate that democracy imposes itself as an instrument for the effectiveness of the rights deriving from the Constitutionalisation of the Civil Code of Consumer Law, whose condition (of democracy) for its effectiveness in the rule of law also depends on multidisciplinary factors of social relations.

Keywords : Codification; Civil Right; Consumer Law; Constitutionalisation; Dignity; Fundamental Rights; Effectiveness; Democracy.

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