Through the development of an empirical research based on the jurisprudence available in the electronic site of the Superior Court of Justice (STJ), delimited in the period between 07/04/1989 and 12/01/2017, using the metadata "constitutionalisation"; "constitutional civil"; "depatrimonialization"; "civil law repersonalization"; "civil rights disclosure" and "effectiveness of fundamental rights", this one with or without quotes, it was sought to investigate the use of the constitutionalising discourse in the jurisprudence of that Superior Court and it was found, based on the results found, that the constitutional foundations are frequently used for the resolution of the lawsuits, in spite of the existing ordinary legislation. The methodology used in this study was empirical and hypothetical-deductive. The discussion, therefore, on the Theory of Civil Law-Constitutional becomes of fundamental importance for the correct understanding and application of the categories and concepts of Civil Law before the practical situations presented.
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