Da eficácia direta dos direitos fundamentais nas relações privadas

Abstract

This study has the purpose to analyse the possibilities and ways of enforcement fundamental rights in private legal relationships. Three theories dispute the preference in Doctrine and Jurisprudence: the theory of direct effect (or immediate effect); the theory of indirect effect (or mediate effect); the theorie of the State protection duties. It will be seen that the direct effect of the enforcemente of fundamental rights in private legal relaionships is compatible with the thought of normative power of constitutional rules. This thought is also embraced by the Brazilian Constitution (article 5, paragraph 1).