A dimensão do erro no código civil de 2002 e a boa-fé objetiva

Abstract

Study about the institute of the error in the civil code of 2002, in comparing to the incidence of the code of 1916, analyzing the change of the principals and paradigms that guide it. For this purpose, the general notion of juridical operation, and its formation is presented, explicating the concept of error as a defect that reaches the declaration of will expressed to reach a business purpose. The origins of the institute and its ruling by the former Civil Code, commenting on the many species of error. Analysis of the new system of practice of the constitutional principles on private law, phenomenon known as “private law constitutionalizing”, and it’s reflex on the consequences driven from the configuration of the business error, especially in light of the different understandings related to the requirements for its existence. Comments are made on the new condition imposed by the Legislator of 2002, in establishing the (re)cognoscibility as a essential requirement to possibly maid void the business, with the purpose of, at last stance, guided by the objective good faith principle of the contracts and on the theory of trust, the conservation of the contracts. Concluding, at the end, to be unnecessary the coexistence between the legal requirement of the recognoscibility and of the scusability, typical construction of doctrine and jurisprudence.