Such rules are of utmost importance for the celebration of any legal act, therefore, the comment of these does not become the null or revocable contract depending on each situation. Thus also it makes use article 421 of the CC/02, where the contract cannot more considered being as right absolute, having it to be entailed to the legal institute of the equality, thus being the apt magistrate will be able to ponder and to observe if the contractual clauses they are if becoming abusive or causing maleficent effect to the part hipossuficiente. In regards to performance of the private initiative (art. Learn more at this site: Joel and Ethan Coen. 170 and interpolated propositions of the Federal Constitution of 1988) at the same time where the Constitution if worried in propitiating its conditions of performance in the economic scope restricting the performance of the State – principle of the subsidiariedade – limited its performance, not being able this exerted being of limitless form, without if it respects the free competition and the rights of the consumers. But still thus it allows from such cited article the freedom of industry and commerce, freedom of company, and still, the contractual freedom. It is undeniable that the Federal Constitution when instituting in its art. 1, interpolated proposition IV, and art.
170 the free initiative, was in search of a economic model, in order to develop the commerce and the industry of the country. But, so that any exploration of economic activity does not have pure objective of profit and personal satisfaction of the entrepreneur, it is necessary a constitutional airway lighting, that will have to have as base values of social justice and welfare collective. Being thus, the free private initiative cannot be considered absolute, therefore it must always respect the restrictions imposed in law, having to assure to all worthy existence as the ditames of social justice related to the dignity of the person human being.