Fundamental Rights and Social Solidarity as a Perspective to a New Look to Contemporary Law

Abstract

Law and State are, since its genesis, closely related. While the first one positivates the second one, giving it legitimacy, the second one traces the condition of phenomenological perpetuation of the first one. That being said, this article aims to outline an analysis of the new perspective given to fundamental rights, which brings in its core social solidarity, and with it, a new look at contemporary law and the challenges of post-modernity. Therefore, it will be studied the evolution of the modern state, through moments of eminently liberal and social aspects, until the advent of neoconstitutionalism, a phenomenon that transformed not only the social function of Law but its own significance as a separate branch of knowledge . Indeed, will be analyzed the neoconstitutionalism reflections in private law, which, in recent years, has undergone a process of decoding and re-signification of its institutes, causing no longer discuss dichotomies between public and private, but in a systemic reading, epistemologically built through constitutional hermeneutics. That is why it is elected the use of constitutional hermeneutics as a driver of research method so that, together with the Hegelian dialectic technique, is expected to weigh on the reflexes of the constitutionalisation of the private law and the advent of social solidarity of the right and duty in the protection of fundamental rights in relations between individuals.