O princípio da justiça contratual na sociedade globalizada

Abstract

Several studies were developed both in the foreign and in the Brazilian law concerning the contract and its fundamental principles. In addition to this doctrinaire evolution and scientific turning about the contract as a relevant instrument of richness circulation, less was spoken about the contractual justice principle. There are no doubts about the importance of the scientific research about the private autonomy and good will, which maintain proposed normative expressions in the law and order. Maybe, that is why there is a certain difficulty in the scientific concern about the contractual justice principle, even because of the named and direct way by which the focused principle is not nominated. It is the duty of the law operator to examine the law and order. It is his obligation to investigate the judicial rules in detail to extract from this important modal, which contributes a lot to the strengthening of the contract, as a fundamental judicial relation which has greatly shown its ability to define the global society, both through the market operation and in reassuring the fundamental rights which come from the Law Democratic State. Concerning these aspects, nevertheless, it is a complex task, but not an impossible one, to investigate which normative bases of this contractual vital principle is found in the Federal Constitution, since its first principle (dignity of the human being), until the relevant principles which talk about the economic order. In the same way, it will be possible to contemplate that in the private law, specially the one of the Civil Code and the Defense Code of the Consumer, the principle of the contractual justice is spread and sowed in several normative tints which deal with the reciprocity, the commuting, the prohibition of the enrichment without a cause, the social function of the contract, the equivalenting and the distribution of the risks and onus. It is, therefore, through the contractual justice principle, even revealed in a silent way by the law and order, that a harmonic composition of the law order can be seen, based in an equal proportion between antagonic forces and in the interaction of the contractual elements of different dimensions