PROCESSUAL EFFECTIVENESS OF PERSONALITY RIGHTS BASED ON PREVIOUS NORMATIVES

Abstract

This article begins by conducting an analysis in order to establish an evolution of constitutionalism in Brazilian law after the Federal Constitution of 1988, demonstrating its influences on the legal system, which in a unique way in the world, developed since its first republican constitution a hybrid tradition that it had its origin in the law as the main normative source, but even so, it allowed the control of diffuse and concentrated constitutionality. In this complex of influences, the national legal system adapted systems and institutes and also originally created others. Demonstrating the capacity of national jurists to prepare appeals for better judicial provision. In the search for effectiveness and legal certainty, the Brazilian legislator gradually implemented limiting procedural mechanisms, which aim to create unity in decisions and speed up the provision of jurisdiction. With these mechanisms, it will be possible to develop in the Brazilian legal culture habits of respect for the decisions of the Supreme Courts, including those of recognition and enforcement of personality rights, without the occurrence of contradictory decisions. The purpose of this article is to develop previously with a view of concepts and principles, the reflection and criticisms about the theoretical foundations that support the theme addressed, as an instrument to deepen the improvement of theoretical knowledge in the field of Law, through bibliographic study of books and articles published on the topic, applying the deductive method. Aiming at theoretical knowledge combined with a reflection on the practical importance of the study.