A Função Social do Contrato - Cláusula Geral de Abertura do Sistema Jurídico e Promoção da Socialidade por meio da Atuação do Poder Judiciário

Abstract

The contract, an important instrument of circulation of wealth, received new clothing brought by the Civil Code of 2002 by a general clause: a social function. This article has the intention to describe certain points of the historical evolution of the contract, its importance and characteristics. It also discusses the link between the concepts of will autonomy and private autonomy, the mutation of the traditional principles of contractual and constitutional principles influence the reading contract. The article points still explanations about the project of the Civil Code and the main reasons and consequences of the insertion of the general clause of the social contract in the Brazilian legal. And finally, highlights the importance of judicial action for the realization of sociality.