THE SUPREMACY OF PUBLIC INTEREST VERSUS ITS HARMONIC INTEGRATION WITH PRIVATE LAW AND WITH THE RIGHTS-GUARANTEES-FUNDAMENTAL PRINCIPLES INSERTED IN THE BRAZILIAN CONSTITUTION

Abstract

The text produced sought to discuss the Public “Interest” and its integration with Private Law and Fundamental Rights included in the 1988 Federal Constitution, through a legal-normative analysis. In this way, this article is justified and relevant, as it discusses the complex challenge of the State in harmonizing public interests with fundamental rights and individual rights, aiming to satisfy social needs efficiently, without incurring in injustices. It is clear that the complexity of the topic cannot be exhausted in one article and this is far from the intention, but the analysis presented throughout the text will allow us to conclude that the defense of the Public “Interest” is achieved through the effective implementation of the Rights- Guarantees-Fundamental Principles inserted in the Brazilian Constitution and to this end, it is essential to apply the principle of balancing whenever there is a conflict between Public Law and Private Law.