This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Copyright (c) 2025 Derecho y Cambio SocialThe scope of this study is to address the importance of fundamental principles in the Brazilian legal system, as well as to demonstrate the inexorable need to observe the application of fundamental rights in the sphere of private relations, in view of the desire and duty to guarantee the constitutional premises listed in the 1988 Constitutional Charter. The study is outlined in light of the principle of human dignity, as well as the principle of legal certainty. Thus, we propose to follow the paths that can assess to what extent the fundamental principles assist in the effectiveness of fundamental rights employed in the context of private relations. To this end, this context must be analyzed based on the archetypes of legal certainty, with the Brazilian legal system as a backdrop. For the research, the deductive method was used, based on the qualitative approach, anchored in bibliographical materials, aiming to improve ideas through indexed information on the subject in question, as well as the analysis of certain judgments of the Brazilian Supreme Court. It was concluded that the normative effectiveness of fundamental rights is fully applied to protect the core rights and guarantees established in the constitutional order, and it is therefore essential to resort to principles so that the legal norm can be implemented in a rational and defensive manner, so that human dignity can be preserved.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Copyright (c) 2025 Derecho y Cambio Social
