Eficácia horizontal dos direitos fundamentais: aplicabilidade do devido processo legal no procedimento de exclusão de membros de entidades privadas.

Abstract

Due process of law is a fundamental postulate of the Democratic State of Right, which aims to ensure those involved in legal and administrative proceedings, a fair trial and adequate protect the right to liberty and property of individuals.The modern doctrine confers fundamental rights a radiant character, is seen that emanate values for the entire legal system and the entire society, is not restricted to relations between the government and individuals, which justifies its focus on private legal relationships, called horizontal effectiveness. Faced with the theme called. It is questionable if the due legal process as a fundamental right would have applicability in the negotiating procedures that are governed by the principle of freedom of choice. Therefore, this paper aims to examine the effectiveness of horizontal fundamental rights, pointing to this effect, the possibility of applying due process procedures for exclusion of members of private entities, both in their material and the procedural aspect. To achieve this goal, we use the methods and evolutionary history-exegeticlegal and bibliographical studies, showing that the due legal process in its material and procedural aspects must be obeyed in private legal relationships as a way of limiting the autonomy the will. Thus, the direct impact of the due process in the procedures for exclusion of members of private entities not crushed the freedom of choice, should their rights be respected.