A eficácia horizontal dos direitos e garantias fundamentais: uma análise de sua aplicabilidade no ordenamento jurídico Brasileiro.

Abstract

The modern doctrine of fundamental rights gives a radiant character, since these rights derive values for the entire legal system, not restricted to relations between the State and individuals. Given this rationale emerges horizontal effectiveness of fundamental rights. Given the key theme in this paper was drawn a historical-cultural evolution of the fundamental rights and guarantees, deepening the issue involving its application to private relations. Using methods: historical evolution, exegetical, legal and technical literature. Bringing a thorough analysis of individual-state relations (vertical efficiency) but also in relations between individuals (horizontal efficiency), the study in question exposes the existing theories, and the already consolidated in the global legal order. As the Brazilian legal system is based on this work in doctrine and alien country with emphasis on german and north-american, showing their origin and the current stage of evolution on the subject; pointing to new trends on the subject. Mapping also an overview of the position of courts and the Brazilian doctrine on horizontal effectiveness of fundamental rights and guarantees. Demonstrating through compelling legal arguments which theory best fits the brazilian legal system.