A Eficácia dos direitos fundamentais nos contratos civis e de consumo: uma teoria contratual baseada na colisão dos direitos ou bens constitucionalmente protegidos

The apparent virtuosity that if could wait of the globalization and the neoliberalism has given signals of deterioration in the contractual relations, especially in contracts of mass consumption, generating innumerable offensive situations to the basic rights and the goods constitutionally protected of the contractors. In the world of today, still that it does not reveal any desire, the individual practically is compelled to contract, for force of necessities and customs completely imposed, mainly in face of the essentiality of the services or agreed to goods. Ahead of as much and unexpected changes in the civil liames and of consumption, dictated for the globalization, it comes to surface the reflection if the private law e, more specifically, the civil law, meet prepared adequately to deal with these new parameters of the economy. The present dissertation has the intention to investigate if the globalization and the consequent neoliberalism, in this beginning of third millennium, will imply to revive of the principles and the basics paradigms of the contracts that consolidated and had kept, for more than two centuries, the liberal State. One notices that the study of this phenomenon it gains importance to the measure where if it aggravates the decline of the social State (Welfare State), with the embrittlement and the loss of the autonomy of the state authority, over all in countries of delayed modernity, as it is the case of Brazil, that presents deep deficiencies to give or to promote, with a minimum of quality and efficiency, essential considered public services to the collective and that if they find consecrated in the Federal Constitution, as basic rights or as goods constitutionally protecting, the example of the health, the education, the housing, the security, the providence, the insurance, the protection the maternity, the infancy and of aged and deficient. To the end, the incidence of constant basic rights of the man in the Constitution is concluded that, in the process of interpretation of the right contractual conflicts that have as object rights or goods constitutionally proteges, in the universe of the globalized perhaps economy and of the neoliberalismo, it consists in one of the few ways - unless the only one - that still they remain to over all deal with more adequately the contractual relations, exactly that if considers the presence of clauses generalities in the scope of the legislation infraconstitutional civil and of consumption, front the private detainers of social-economic power. To be able that it matters necessarily in disequilibrium between the parts, whose realignment depends on the effect and the graduation that if it intends to confer to the basic right in game in the private relation. The Constitution, when allowing the entailing of the basic rights in the privates relations, would be assuming contours of a statute basic of all the collective, giving protection to the man against the power, if public or independently private

A Central Única dos Trabalhadores (CUT) no embate das contrarreformas da previdência social: contraposição ou consenso?

The provident rights were results of intense fights in between the capital and work, claiming the interventions of the state for the creation of an ample social protection system. In Brazil the law, Providence Social mark, dated 1923, from then on, the advances and extensions were many, of this diverse categories of politics. Mean while, in the 1990 s, the Brazilian government adopted the examples of other developed countries, the new pattern that hinted the realization of substantial changes on the states purpose, the reached rights and the proper organization of working classes. For the Social Providence, the principal loses turned out in 1998 and 2003; respectively in FHC governments and Lula, with the realization of two counter reforms that restricted the provident rights and motivated the privatization of public providence. In the scenery, the CUT, one of the representative organizations from working classes, founded in 1983, that has always itself with changed direction, from fighting to negotiating. This inflection determined the proposition of the center before the offers of the counter reforms, of Social Providence. The present work has the objective to analyze the social politic content of the fights from Brazilian union movement in the period of the conquests and disassembled rights and, to analyze the proposition, acting and offers from CUT in the counter reform period from Providence in the Government FHC and Lula. To perform this study beyond the essential bibliographical revision to found and deepen the subject, we use, the documental search through the internet pages, resolutions, informations and others publications from CUT. Using CUT in the governments worked in an elegant way, the FHC government against-reforms, showed itself through diverse actions, even though they didn t have homogeneous inside, contrary the neoliberalists politicians from this government, also the offers and precaution changers. While during the reign of Lula it shoved itself priority negociative and propositive