Do resgate da pessoa humana à efetivação dos direitos fundamentais: a necessidade de uma viragem deontológica

Abstract

This work aims to show the evolution of the legal thoughts, mattering on the treatment of the human person and its straights implications on the relations about civil law. Througout the civil sphere – in a context of inter-private relations constitucionalized –, it is aimed to adjust the observation angle about the legal system, focusing on the fundamental rights effectiveness problem inserted in the Federal Constitution, once that, even there is a special attention to the human being, in the civil law, it is not worthwhile to celebrate the patrimonial point of view, if the matrix of the ephisteme and the mechanisms of taking decisions remains the same, and they end to move the justice away from society. Thus, there is a reformulation conscience necessity about the law science paradigms, alternatives are searched to, definitely, implement the fundamental rights, it does not matter if that is the first, second, third or even fourth generation’s right as it is here meant to demonstrate, there are established connections among all of them. For all of this, inserted in a pos-modern idea of a legal system review, it brings the importance of an analysis in the moral values to also come up with an alternative to break the positivism, however according to a new world view which is based on the obligations of the man not just in relation to other men, but also in relation to the environment he is immersed.