Apontamentos sobre a essencialidade e função social nos contratos existenciais

Abstract

This work has as its theme \"notes on the essential and social function in existential contracts\" and how goals elaborate about the commonplace embodied in the idea that existential contracts have the same connotation and because of this the realization of the social function should be equally. The preparation of this work took place from a literature search deductive and dialectical and it was concluded that fundamental rights are inherent to all people, should be guaranteed by the state and aimed at promoting human dignity, which is a fundamental value of the land in order to produce direct effects also in private relationships. The social function of the contract, of a constitutional nature, serves to harmonize the interests of the parties and the community, and can be considered as an implication of the effectiveness of fundamental rights. Existential contracts are contrary to those of profit and has as its object a well considered essential for a person\'s life, so it deserves a differentiated supervision, more incisive. The judiciary plays an important role in the reality of the social function within the existential consumer contracts, it must act in order to guarantee consumer rights and the collective, the balance between the parties, the substantial equity and contractual justice. The fact that a contract is existential consumption legitimizes a higher incidence of social function on its content.