PUBLIC LAW, PRIVATE LAW AND FUNDAMENTAL RIGHTS

The article analyzes the question of the fundamental rights in the relations between individuals. It examines if the fundamental rights produce effects as such in these relations or if they do it across its influence in the interpretation of general clauses of the Civil rights. Discusses the topic of whether they are rights against the State or against all persons, as well as its evolution in the history of thought and in constitutional history. It is concluded that the autonomy of the will, which expresses the private law, is not contradictory with other fundamental rights that will threaten such autonomy, but this is in itself a manifestation of the fundamental right to freedom.