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A eficácia de direitos fundamentais nas relações privadas : critérios objetivos para uma incidência imediata
| Content Provider | Semantic Scholar |
|---|---|
| Author | Santos, Simielle Barros Dos |
| Copyright Year | 2010 |
| Abstract | Since the mid-twentieth century, the issue of the fundamental rights effectiveness in private relations has been object of many studies in Foreign Law, notably in Germany and in the U.S.A. However, in Brazil, the subject is relatively new and few were the works that faced the topic with proper depth. In sumary, the crux of the matter is whether the individuals, alongside the State, are also obliged to respect fundamental rights. In U.S.A., for example, under the State Action Doctrine, the studious defend that these rights only tie the State 236 DOUTRINA REVISTA DA ESMESE, No 13, 2010 and, therefore, the individuals are not subordinate to them. Differently, in Germany, predominates the thesis that the fundamental rights penetrate in the private ambit through a mediation of the ordinary legislator, to whom fits to decide about the form as and the intensity with these rights must be applied in the private field. In brazilian case, a direct effectiveness of fundamental rights in particular relations seems to be more adequate. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://bdjur.stj.jus.br/jspui/bitstream/2011/41462/eficacia_direitos_fundamentais_santos.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
