YEAR 2021 N.º 2
Vítor Borba Shnaiderman
Normative power of the facts; Constitutionalization of the Law; Rights of personality; Digital Era.
Considering the relation of dependence between law and reality, the legal sphere was hugely modified by recent social transformations, such as science innovations and the universalization of social media. Even in the civil law, considered to be a conservative field, insensitive to legislative trends, several transformations can be observed, specially in the direction of limiting the private autonomy, not only due to the legislator’s labor, but also because of the interpreters’ activity. In this scenario, the constitutionalization of the civil law promoted the reframing of traditional juridical institutions, for instance the personality rights, threatened by the characteristics of the Digital Era, and the civil liability, similarly invited to renew itself. Starting from a development on the constitutional reflexes in the ordinary legislation, which set a new ethical guideline to the civil law, and through recently discussed cases, this article aims to explore situations in which the aircraft of the social life can surpass the winged carriage of the Law, that deserve attention from the legislator, the judge, and the academy.