Tropical Jungle

The second stage will be guided by the following criterion: a research with judge will be made who is available to answer on the applicability of the two controversies (Social Function of Contract x Free Private Initiative), having the related report to be disponibilizado in the scientific article. Author has plenty of information regarding this issue. As way to analyze the object of study in its characteristics, the research is inserted under an approach to interdisciplinar, or either, under a perspective of diverse branches, however with affinities, of the knowledge as: Civil law, Constitucional law, Civil action, History of the Right and Methodology. The knowledge concerning the Civil law serves of base for clarifications regarding the subject, of form to help in the interpretation of referring articles of the Civil Code the social function of the contract and also to glimpse the positioning of the dominant doctrines; also he demands knowledge of the Constitucional law, therefore it protects the social rights and foresees that the collective one must always remain when in conflict with private interests; the Civil action this on one to the subject, therefore will be by means of that the judge will determine if the clauses wound the constitucional laws, analyzing abusive contracts and determining if it has necessity of contractual revision, the History of the Right due to research in the Constitution of 1916 and the one of 1988 and finally the Scientific Methodology, that clarify doubts on the structure of the project, making with that it if becomes scientific. 6. Conclusion By means of everything what it was displayed in this article, it is concluded that through the new Civil Code of 2002 and the Federal Constitution of 1988, the innumerable forms of if contracting had been limited to the principles constitutional, the norms had left of being so rigid and had passed if to adapt to the social context. .

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