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

O Serviço social nas organizações não-governamentais: tendências e particularidades

The present study is about the professional exercise of the Social Worker in ONGs associated with the ABONG in Natal city, state of Rio Grande do Norte, referring to the work conditions, claims and professional responses in front of the capital restructuration circumstances. The group of socio-historical transformations, as a result of the after-1970 dynamic capitalism, conducts a process of new configurations in the relationship between State and society that directly affect the social question nowadays, destroying social rights historically conquered for the workers. In this context, the ONGs assume a strategical social function of the social question, contributing with the change of responsibilities with the social from the State to the third sector. This social movement causes changes to the Social Work since this is one of the professions that act on the immediate expressions of the social question. After a qualitative research based on a theoricalmethodological critical and dialectical perspective, it was possible to discover some contradictions, details and tendencies of the professional exercise of the Social Worker in ONGs. Summarizing, the results of the research show that: a) it was detected a tendency of precarization, instability, insecurity, no-articulation, no-profissionalization of the professionals in the work conditions; b) demands are associated with a moment of the capital re-ordering, where new professional exigencies and responsibilities are related with capital necessities in the period of structural crisis; c) limits and contradictions are present in a professional daily work mainly in function of the characteristics of gestation and functioning of the ONGs; d) the professionals that were interviewed show significant difficulties in a articulation between the professional daily work in organizations and the totality of the social processes, limiting the capability of doing critics to the requisitions imposed by the capital

(A)cerca do espaço: a nacionalização da questão agrária pelo MST (1984-2002)

This work has as objective to analyze the social movement called Movimento dos Trabalhadores Rurais Sem Terra and their relation to land reform from the idea of nation. In the decade of its emergence, 1980, Brazilian nationalism was deeply tied to aspirations for democracy and this consisted of a kind of political language of the period that included not only the MST, but also conservative sectors of Brazilian politics. The MST then develop a way to realize their different social function of the movements that preceded it as the Ligas Camponesas, incorporating the element of the nation as political capital to strengthen their practice. This relationship will be studied from a debate on contemporary Marxism and its key concepts.