Boa-fé objetiva no processo civil

Abstract

The objective good faith is a subject widely discussed recently, because it is a consequence of the New Civil Code that brought this theory back to the Civil Law in Brazil. This theory was already used in International Law, Administrative and Tax. It is through this study that intends to present the good faith in the civil proceedings by observing the constitutionality of fundamental rights supported by the protection of human dignity.The Objective Good Faith, in the new contract theory, requires the parties a honest behavior, loyal and righteous, during the different stages of contract. During this study was presented through a literature the concept of good faith, the historical context and its functions. Also was included in the general clause and the good faith in the Civil Procedure emphasizing the role of the judge in this new transformation in Civil Law. It then emerged that justice, solidarity and human dignity are ethical values that the constitutional order make the foundations of the Social State. In the Code of Civil Procedure, the procedural the bad faith is repressed in many ways, thereby adding value the ethical behavior of the subjects of the process. Has also been mentioned the abuse of tort law as when the agent exerts opposing the object of legal institution, your spirit and your purpose, or when it does not meet the necessary subordination of law to the moral order. So then it follows that the objective good faith values loyalty, ethic and moral