Por uma interpretação do Direito Privado a partir do contratualismo rawlsiano

Abstract

It seeks to understand the liberal state and the central figure of freedom in the early theoretical development of organized society. The modern theoretical turn reflects in new argumentative points and the observation of the nature of being of the modern State. Freedom alone in the liberal state no longer translates the wills of those who participate in the social contract. At this point, the evolution of John Rawls' liberal thought allows us to understand how the State can offer other theoretical bases for the construction of law. The thesis analyzes the imbrication between the theory of justice developed by John Rawls and the search for new interpretative models that gird private law in post-positivism. For Rawls, justice fits with the "conformation of social institutions", which can organize and enforce the law and resolve conflicts. Thus, the thesis has the power to verify the applicability of the conformation of social institutions in private relations, from the interpretation of the norm. Undoubtedly, the possible conclusions and propositions will be for the recognition of the Liberal State and the new frontiers faced by positivism, post Civil Code and Second War