Fundamentações constitucionais para a construção de discursos competentes na aplicação dos artigos 113 e 187 do código civil

Abstract

This work aims to demonstrate the revelance of the constitutional rules and the values extracted from the Federal Constitution so that there can be a legitimate applications of the general clauses of Civil Code in the 2002. So, it was searched to define such clauses and to distinguish them from the “indefinite legal concepts”. Then, it was made a brief explanation on the phenomenon of “constitutionalization of Civil Law” in order to enphasize the main role that the Republic Constitution must play not only at Public Law but also at Private Law. Finally, it was done a specific study on the general cluses mentioned in the items 113 and 187 of Civil Code buy relating them to the principles and constitutional fundamentals that should head their application.