THE RELATIVIZATION (OR OVERCOMING?) OF THE GREAT PUBLIC / PRIVATE DICOTOMY IN THE FRONT OF THE PARADIGMATIC EVOLUTION OF BRAZILIAN LAW

Authors

• Aneline dos Santos Ziemann Lucio
• Jorge Renato dos Reis

Abstract

The objective of this article was to address the evolution of the guiding paradigm of Brazilian private law. To achieve this objective, a bibliographic review of the relevant legal literature was carried out. The approach method used was hypothetical-deductive, as it was based on the hypothesis that there was a paradigmatic evolution in Brazilian Law. A brief history of Brazilian private law was carried out, covering its origins up to the Civil Code of 2002, also addressing contemporary constitutionalism. It was possible to conclude that originally Brazilian private law was guided by a nineteenth-century liberal conception of an individual and patrimonial nature. Currently, this paradigm is modified due to the protagonism of the 1988 Federal Constitution