Abuso do direito no Direito Civil Brasileiro contemporâneo: aportes de direito estrangeiro na construção histórico-dogmática do Instituto

Abstract

The legal standard is no longer limited to just describe the desired behavior from a social point of view, not restricted either to protect the economically useful behavior. The new normative structures funcionalizaram socially and began to promote values centered on human dignity, guided by the reduction of inequalities as well as the construction of a more just, fraternal and solidary society. The Civil Law, among the many forms of expression of the law, despite the persistence in continuing the tradition inherited from the Roman-canon law, not failed, as the first expression of citizenship, because it - the Civil Right - it contains life citizen, to open, in contemporary times, the inflows ethical and socializing of legal relations, in which the individual assumes the centrality of normative concerns factors. It is in this vein that stands the test of this theme: the pursuit abusively right guaranteed by law subject to the law. The issue will be addressed from the point of view of history, in order to find the ground that modernity will make use of to build the theory of abuse of rights; then the phenomenon will be examined in the laws that have strong influence in the Brazilian Civil Law with the consequent and subsequent examination of foreign law in order to identify possible contributions of foreign law.