Os grandes modelos de contrato: do contrato liberal ao contrato existencial

Abstract

The main objective of this work is to propose a postmodern contractual model, which allows for adequate normative solutions for different situations. We start from the premise that, currently, the contract should serve as an instrument of protection and promotion of fundamental rights. The analysis of the evolution of the theory of fundamental rights, therefore, is indispensable. We looking for a contractual model that harmonizes individual freedom and social solidarity. This model will consist, in short, in the dichotomy between existential contracts and profit contracts. To do so, we will analyze the previous contractual models (liberal and social) and their respective principles. The study of the contract will be permeated by the understanding of the society tha surrounds it. This will require the study of the paradigms of Liberal, Social and Post-Social State, when we will analyze, among other issues, the development of state theory, the different legislative techniques and the evolution of jurisprudence of concepts to the jurisprudence of valuations. We adopted the theory of legal models, by Miguel Reale, to present the three great models of contract. We used technical- bibliographic research, with predominance of the deductive and argumentative method. Among the three chapters of the text, we also used the comparison.