Fundamental rights horiszontalization through the adequate Ratio decidendi by Alexyana argumentation

Abstract

The present study is based on the assumption that applied legal sciences must always seek the fundamental human rights consecration and effectiveness, not only by the Magna Carta's legislative hierarchy in favor of the constitutionalization of private rights, but mainly by the citizen’s improvements effects of social pacification that this applications of such rights generates. Thus, the assumption of the fundamental rights applicability in private relations through the so-called horizontal effectiveness, therefore immediately joining this flow, initially the text presents the theme, in a conceptual way, guided by the rich national doctrine. Also, since this is the object of destination we understand that it is necessary to discuss, even briefly, about the construction of fundamental rights. Subsequently, also through the methodology of bibliographic and descriptive research, this study suggests that the applicability of such rights in the private sphere, either mediate or immediate, when properly grounded through a recognized theory of legal argumentation achieve greater legitimacy in their application. For the accomplishment of the research and elaboration of this article, the deductive approach method was used, based on bibliographic and documentary research techniques, with the consultation on doctrines, legislation and jurisprudence on the theme, adopting the theoretical framework of Rober Alexy was adopted as a way to better adapt the ratio decidendi that law applies.