O contrato sob o paradigma pós-positivista: os reflexos da eficácia horizontal dos direitos fundamentais e da filosofia da linguagem

Abstract

The purpose of this work is to understand the problem of contracts under the postpositivism paradigm. In this contemporary scenario, in which the legal system has incorporated moral values as elected by society, and in which there is a need to extend the effectiveness of fundamental rights also to private relationships, whether due to its multiplications and spread or to its complexity and potential to cause harm to the person, it is imperative to rethink the Contract phenomenon, given that its object, its parts or the way its consensus was reached may cause this effectiveness to be a greater or lesser degree. Also, the Philosophy of Language served as a support in this endeavor, because it empowers the interpreter with the necessary instruments to understand the Contract as phenomenon of extensive and rich meaning in which the arrangement of words on which it is based may contain much more than its literal interpretation reveals. Finally, it was concluded that the interpretation of a Contract exceeds its understanding as a transaction instrument amongst equals, because reality contains vectors that guide its understanding towards a more social or more liberal paradigm, depending on its peculiarities.