The portuguese experience and the problem of horizontal effect of fundamental rights on the legal theory and case law

Abstract

The issue of this paper is to investigate the problem of the horizontal effect of fundamental rights in private relations in the portuguese legal system. It’s verified how and in what way the effects of the fundamental rights among private entities occurs. Only a few constitutions have as their doctrine the thesis of the direct applicability of fundamental rights in private relations, and the Portuguese Constitution has express provision in its text. It’s analyzed the position of the legal theory and case law of the Portuguese Constitutional Court regarding the theme. To reach the proposed goal, based on hypothetical-deductive reasoning, a research was carried out through legal theory, statute law and case law, having as limit the period from 2006 to 2015 (last decade).