A vinculação dos particulares aos direitos fundamentais na ordem jurídica constitucional brasileira.

Abstract

The aim of this search is to analyze the application of fundamental rights in the relations between private parties. So the challenges of this work is revealed in the question about if and how the rights can be applied in the private sphere. The objective of this study is to explain the main theoretical constructs of the topic under review and study the problem from the perspective of the legal constitutional system. Therefore, the justification of this research has consisted in the weak debate about it in Brazilian law and the need for a formula that reconciling the effective protection of fundamental rights and protection of private autonomy. Thus, It used the deductive method and a technique search in doctrines and jurisprudence. Regarding the Brazilian majority doctrine there is a defense of the conception that the fundamental rights concern directly in private sphere. In this way, it is possible to extract from the STF jurisprudence a compatibility with the effectiveness of direct and immediate theory. However, some important aspects that should be considered in the application of fundamental rights in private relations, establishing some rational and objective parameters. Moreover, it was found that the doctrinal clash on the issue of how affect fundamental rights in private relations does not lead to any productive conclusion. It was also found that there is not any relation of exclusion between the direct and indirect effectiveness theory.