A efetividade da boa-fé no Código Civil de 2002

Abstract

This work is divided into three parts, with the addition of an introduction and a synthesis of the conclusions reached. The first part introduces the principle of human dignity. It departs From its historical meaning, giving priority to Kant's contribution, in order to approach the contemporary form of the principle from the second half of the twentieth century. There follows an examination of the importance of dignity in our Federal Constitution as a foundation of the Democratic State of Law. Then, there is an indispensable examination of the rights of personhood, with respect to their strict connection with the chosen theme. The second part of the work is dedicated to the apprehension of the principle of good faith. The broad concept of the obligational relation is investigated, focusing on it in all its complexity, as a process directed toward the common good. From there, a good part of the text is dedicated to the prospects of the functions of good faith in the Civil Code of 2002, at the level of interpreting juridical business, fixing duties of behavior, and limiting the exercise of subjective rights. In the third part, the forms of connection between private law and fundamental rights are examined. For this purpose, there is a focus on general clauses, with an emphasis on good faith with respect to its position of juridical model in the new Civil Code. The principles of solidarity and private autonomy are given priority, as well as questions raised by the antinomy between rules and the conflict of principles. In this topic as well, the final step is dedicated to the connection between the principles of dignity of the person and of good faith, as guarantees of maximum effectiveness of the private norms in a system that aspires to a certain degree of openness and mobility