O princípio da autonomia privada, a força vinculante dos contratos e sua função socioeconômica

Abstract

The present doctoral thesis in Civil law aims to propose a new application of the principle of private autonomy as the dynamics of the 21st century, in a such manner that a gradation of the application of the private autonomy principle be implemented respecting the obligations requirements (“processo obrigacional”) in the establishment of the contractual link, in addition to the involved parties behavior throughout the contract development (“processo obrigacional”). The private autonomy gradation objective is to build a greater legal certainty for interested parties and stakeholders through the General principles of contract law analysis in line with the economic analysis of law (Law and Economics) and of Conscious Capitalism. For the development of this thesis the scientific dialectic method was utilized as a form of technical application of logic, the interpretation of reality as is and the need to adapt the principle of private autonomy as well as the dynamics of contracts binding force in this dynamic first quarter of the 21ST century, in which the legal relations are not binary, but rather dynamic. So, this thesis will demonstrate that the private Autonomy hasn´t disappeared or ceased to be relevant opposed to the 21st Century Dynamics, but, its own social and economic function and must be dynamically applied by a minimum, average and maximum gradation