The (Re)Construction of Private Juridical Relations in Face of the Neo-Constitutionalism

Abstract

This paper dedicates itself to the discussion about the deep transformation occurred on the contemporary Civil Law in face of the neo-constitutionalism that has brought into the constitutions fundamental values that should be considered in the analysis of conflicts arisen from private juridical relations. For that, it firstly focus on the historical evolution that led to the overcoming of the public-private dichotomy, then analyze the consequences of this transformation that has brought a new theory of sources, where the Constitution turns to be a normative source, a new theory of norms, who imposes that the interpretation and application by the jurist must be adequate to the rules and principles, and the breakdown with the liberal method of subsumption of interpretation, requiring the utilization of weight of the founding values of the democratic state of law, exposed on the constitutional principle.