QUEIROGA, A. P.; QUEIROGA, Adiles Pinto.
Abstract:
The fundamental theme is constantly enriched mainly with regard to its extension.
The vertical effectiveness of fundamental rights is something almost peaceful and
consolidated in law. Also among the new discussions that challenge the doctrine and
jurisprudence is the horizontal effectiveness of fundamental rights that are worth not
only against acts violating fundamental freedoms committed by the state but also
against those who come from other members of society. Accordingly, the paper
intends to argue about the shape and intensity with which he must give effect to
fundamental rights in relations between private actors, analyzing the dimensions of
fundamental rights, the normative force of the constitution, the objective perspective
of human rights, theories that are dedicated to explain this effectiveness, noting that
adopted in the Brazilian order, the positioning of the Supreme Court and other courts
about the patriotic theme and the need for balance between protection of
fundamental rights and private autonomy. It aims to make a discussion about the
effectiveness of horizontal rights, demonstrating the need to relativize the freedom of
choice in private business since the vectors that suppress those rights are
widespread throughout society. Interested in making an alert to law enforcement
officers about the need to implement in practice the protection of human rights also in
the non-state relations because although seldom discussed, is growing in our country
to disregard these rights by the strong dynamics of the free market.
