Constitución, precedente y derecho privado. Una lectura de cuatro doctrinantes

Abstract

Constitution (1991), private law and precedent, converge, on a task entrusted to a special jurisdiction the Constitution in defense of principles and rights that form the corpus of his dogmatic and affect the material of the controversy supervised. This somewhat restricts private autonomy in the contract, a situation genitori discussions on substantive and formal and correlated with the controversies that especially adresses the Constitutional Court in the judgments of type which follows the completion of the previous, constitucionalizante reflecting the imperative of private law. An analitycal and textual exploration of such controversies, gives rise to an open reflection in the formalist context or the impure, promoting new legal equations.