RADIANT NORMATIVE CONSTITUTIONAL VALUES AND THE CONCRETION OF CONSTITUTIONALIZATION IN THE REFORM OF THE CIVIL CODE

Abstract

This article, developed under the deductive method and instrumentalized through literature review, as well as updated doctrines and jurisprudence, has as its general objective to investigate the centralizing role of the Constitution of the Federative Republic of Brazil of 1988 in the legal system and the phenomenon of constitutionalization of rights, which has been growing gradually, in particular, the constitutionalization of civil law. The justification and relevance are confirmed as a result of the opening of the legal system to the principles that symbolize social values before the Democratic and Social Rule of Law. The research analyzed the evolution and construction of legal norms, the need for their axiomatic application, without prejudice, however, to their positivity, resulting in the subdivision of this into rules and principles, in order to demonstrate the new radiant constitutional hermeneutic system applied to civil law and embodied in the CRFB/1988. In the end, this dialectic is proven with the legislative innovations introduced by the new reform of the Civil Code and the normative force of the principles as markers of the applicability of the norms.