THE THEORY OF LEGAL FACT FROM A CIVIL-CONSTITUTIONAL PERSPECTIVE

Abstract

 The Theory of Legal Fact under the Civil-Constitutional viewpoint is one of the main branches of Legal Science, since it consists in the analysis of the concrete facts that generate rights and obligations between individuals, in addition to enabling the establishment of civil, criminal, administrative and tax responsibilities. From the Legal Fact Theory, it is possible to study the elements that compose the legal relations, such as, for instance, the relation between offer and acceptance, purchase and sale promise, contracts and others. Based on these facts, the Company may attribute liability to the agent, when there is a breach of an obligation. Starting from this context, the present research aims to indicate the main civil-constitutional assumptions existing under the theory of legal fact in the figure of legal business. It was chosen a qualitative research, adopting as technical procedure documentary and bibliographical research where it was made the operationalized survey through analysis. The results show that the Theory of Legal Fact enables people to exercise their fundamental rights, guaranteed by the Federal Constitution, such as private property, free enterprise, legal personality and free speech. Moreover, it allows the evaluation of the fundamental rights assured to individuals by the Constitution, in order to maintain the harmony between the rights, as well as the protection of individual rights. Finally, it is important to emphasize that the Theory of Legal Fact is a fundamental tool for understanding the rights and obligations existing between individuals, as well as for the recognition of responsibilities arising from a legal fact, in which the constitutional principles are applied.