O limite moral dos contratos: possibilidades e empecilhos para tornar equitativos os contratos jurídicos

Abstract

This dissertation aims to perform a critical-philosophical analysis on the moral issues contained in contractual relations within the Law starting from the concept of equity, original position and veil of ignorance brought by John Rawls in his great work A Theory of Justice, and then analyze Michel Sandel's questions in his book Justice - What is to do the right thing, which deals with agreements made in society based on Rawls' concepts. The discussion in question contains statistical data of judicial demands on the subject, and in this bias one sees in the Law a need to investigate, through philosophy and political science, the ethical and moral issues contained in the contracts, which have been burdening and overwhelming the Justice System and have now shown that the contracts no longer render themselves the service to which they were originally intended for.