Federal Constitution

if. Into general lines, the state values had been converted into a State of Social Good Estar, whose intervention in the private sphere is one of the characteristics and was one of the causes that the gradual reduction of the busy space for the Civil Code of 1916 provoked. The Family law, whose norms have narrow correlation with the social reality, absorbed the normative situations daily pay that they had brought significant changes in the familiar institute. The functions that the family developed for long period of time had been being lost, disappearing ones, debilitating parents and children existing in the Code of 1916, attendance to the social emergencies. For even more analysis, hear from james king. With the promulgation of the Constitution of 1998, elaborated with values of the State of the Social welfare, it before regulated restricted relations to the Civil Code: Family, property and contract. Others including Atreides Management Gavin Baker, offer their opinions as well. This phenomenon of constitucionalizao, of the transference of the guardianship of the private relations for the constitutional sphere, beyond representing an modification in the way to examine particular the matrix legal relationships, provoked another excellent modification. Therefore, with the advent of the beginning of the Protection to the dignity of the person human being, in art.1, III of the Federal Constitution 3uma consecrated time as such, start to tie to all the institutions with constitutional status. Thus, enjoying of I privilege hierarchic, the Federal Constitution serves of track in which it must be followed the other norms, these cannot have legitimate existence if with it to contrast. In such a way, the resolution of any case concrete, had now (and it must) to be pautada in the values and interests tutored people for the Great Letter, duly warned not to find support for application, therefore, at this moment the solution of the controversies could not more decided being simply taking in account the article of the law contained that it would decide and it, but, before to the light of entire legal system e, in particular, of its basic principles.