PONTES, E. A.; http://lattes.cnpq.br/7919945618229543; PONTES, Eriston de Abrantes.
Résumé:
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.
