Fundamental rights and Private Law: Notes about the influence of german fundamental rights doctrine, in particular the contribution of Claus-Wilhelm Canaris, on brazilian law

Abstract

This paper aims to evaluate, in the light of some criteria, how the German fundamental rights doctrine, mainly the work of Claus-Wilhelm Canaris about Fundamental Rights and Private Law, has been received in Brazilian Law and in the jurisprudence of the Brazilian Federal Supreme Court. Apart from that, this paper intends to demonstrate that this reception, though significant in quantitative terms, should be improved in quality, because, if being well used, the doctrine of Canaris would be able to contribute to more consistent and coherent solutions of concrete problems in the domain of the relationship between Fundamental Rights and Private Law.