The horizontal effects of fundamental rights in Brazil: a look on the judgement of the Extraordinary Appeal 201.819-8 from the contemporary constitutionalism

Abstract

The new constitutional right – contemporary constitutionalism or neoconstitutionalism – arising after the end of World War II is an undeniable reality of the doctrine. The strengthening and the quest for effectiveness of fundamental rights is one of its main goals. From this ideal, there are various phenomena and institutes, such as the horizontal effect of fundamental rights, which is the production of effects of these rights not only in relations involving the government, but also in relations of individuals. This study aims to verify that the ideals of the neoconstitutionalism, especially the appreciation of fundamental rights in the main figure of the horizontal effectiveness of these rights, have been inserted in the decisions of the Brazilian
courts, specifically the Brazilian Supreme Court, and how this new constitutional motion in judicial decisions can be observed. The answer is sought by analyzing the judgment of the Extraordinary Appeal 201.819-8. As for the approach, the method is deductive, as a part of general concepts about the new constitutional law and the
horizontal effect of fundamental rights, to subsequently verify the presence of these effects in this case. In the background, the method used is mainly the monographic, since it works with a concrete case. Finally, the decision in the case had its majority voted in favor of recognition of the horizontal effect and can be seen clearly in the
arguments used by the Ministers, the acceptance and application of neoconstitutionalism phenomena.