A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

On fuzzy ideals and fuzzy filters of fuzzy lattices

In the literature there are several proposals of fuzzi cation of lattices and ideals concepts. Chon in (Korean J. Math 17 (2009), No. 4, 361-374), using the notion of fuzzy order relation de ned by Zadeh, introduced a new notion of fuzzy lattice and studied the level sets of fuzzy lattices, but did not de ne a notion of fuzzy ideals for this type of fuzzy lattice. In this thesis, using the fuzzy lattices de ned by Chon, we de ne fuzzy homomorphism between fuzzy lattices, the operations of product, collapsed sum, lifting, opposite, interval and intuitionistic on bounded fuzzy lattices. They are conceived as extensions of their analogous operations on the classical theory by using this de nition of fuzzy lattices and introduce new results from these operators. In addition, we de ne ideals and lters of fuzzy lattices and concepts in the same way as in their characterization in terms of level and support sets. One of the results found here is the connection among ideals, supports and level sets. The reader will also nd the de nition of some kinds of ideals and lters as well as some results with respect to the intersection among their families. Moreover, we introduce a new notion of fuzzy ideals and fuzzy lters for fuzzy lattices de ned by Chon. We de ne types of fuzzy ideals and fuzzy lters that generalize usual types of ideals and lters of lattices, such as principal ideals, proper ideals, prime ideals and maximal ideals. The main idea is verifying that analogous properties in the classical theory on lattices are maintained in this new theory of fuzzy ideals. We also de ne, a fuzzy homomorphism h from fuzzy lattices L and M and prove some results involving fuzzy homomorphism and fuzzy ideals as if h is a fuzzy monomorphism and the fuzzy image of a fuzzy set ~h(I) is a fuzzy ideal, then I is a fuzzy ideal. Similarly, we prove for proper, prime and maximal fuzzy ideals. Finally, we prove that h is a fuzzy homomorphism from fuzzy lattices L into M if the inverse image of all principal fuzzy ideals of M is a fuzzy ideal of L. Lastly, we introduce the notion of -ideals and - lters of fuzzy lattices and characterize it by using its support and its level set. Moreover, we prove some similar properties in the classical theory of - ideals and - lters, such as, the class of -ideals and - lters are closed under intersection. We also de ne fuzzy -ideals of fuzzy lattices, some properties analogous to the classical theory are also proved and characterize a fuzzy -ideal on operation of product between bounded fuzzy lattices L and M and prove some results.