O reconhecimento pelo poder judiciário brasileiro da vinculação direta e imediata dos particulares aos direito fundamentais.

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.