O preço da liberdade: uma análise da nova redação do parágrafo único do artigo 421 do Código Civil dada pela Lei de Liberdade Econômica perante a Constituição Federal

Abstract

The Federal Constitution has elements that form the State itself, and that is precisely why instruments for its maintenance are also exposed, the control of constitutionality. This subjects all national legislation to be in harmony. Since the law was seen in a unitary way, the Civil Code was written on a principiological basis, especially Contract Law. An example of this is the concept of social function, according to which the contract must meet the particular interests of its members and also the wishes of society. However, with the advent of Law 13,874 / 2019, a misdirection of the constitutional free initiative, there were limitations of these concepts based on article 421 of the Civil Code, resulting in the obstruction of access to the Judiciary and maintenance of unbalanced contracts. However, since these definitions are derived from the Constitution itself, if they are violated, this law must have its constitutionality analyzed.