Colisão de normas de direitos fundamentais e o critério adotado pelo código de processo civil para solução

Abstract

The present work focuses on the study of the collision of norms of fundamental rights as principles, showing that the increase of these conflicts is due to the increasing degree of complexity of social relations. In this context, the proposed objective is to show and elucidate how these collisions occur between fundamental rights and how they are resolved within the judiciary, taking into account the same constitutional hierarchical plan, as well as showing the direction of the New Code of Civil Procedure in the The use of mechanisms for the resolution of such collisions, such as the principle of proportionality, in order to avoid judicial activism and thereby ensure that each one has a fair and equitable access to justice to guarantee the dignity of persons. During the study, in order to reach this objective, we will show how these rights originated, conceptualizing and defining their characteristics, the main theories conceived by some jurists, and especially the division and distinction in rules and principles, besides their relativity and the Principle as collision assumptions, as well as the structure of these rights with a focus on their multifunctional features such as rights of defense and benefits. For this, in the development of the work, theoretical research was used through several doctrinators who contributed to the theme.