The protection against discrimination in Brazilian Contract Law

Abstract

Protection against discrimination in private law is predicated on addressing a number of complex legal questions. On the one hand, protective rules are needed to curb abuse as well as to assure access to important social goods to significant parts of the population. On the other hand, too high a level of protection might unreasonably weaken the core of private law, i.e. the autonomy of private agents, as well as, in some occasions, prove to be counterproductive and inefficient. This contribution attempts to address the issue by analyzing “Antidiscrimination Law” (as this is understood across different legal systems) in connection to Brazilian contract law. The investigation of the relevant aspects of Contract law will range from the Brazilian constitution to the kinds of legal position that can be assigned to the parties to a contract by the Brazilian legal order.