THE PROTECTION OF HUMAN RIGHTS IN THE ANALYSIS OF DEFECTS IN LEGAL TRANSACTIONS: THE ROLE OF CIVIL SOCIETY IN DEFENDING THE VALIDITY AND LEGITIMACY OF CONTRACTUAL RELATIONS

Abstract

This article examines defects in legal transactions (negócio jurídico) from a human rights perspective, arguing for an analysis that transcends formal contractual elements to incorporate socioeconomic factors and fundamental principles such as human dignity, substantive equality, and the social function of contracts. In contexts of vulnerability, flaws like coercion, exploitation, or fraud often stem from structural inequalities, necessitating a reinterpretation of Civil Law aligned with constitutional values. Using bibliographic and documentary research methods, the study demonstrates how civil society organizations (e.g., IDEC, Public Defenders) identify abusive clauses, promote legal education, and pursue strategic litigation to advance contractual justice. Findings highlight the need for context-sensitive evaluation criteria that consider parties’ socioeconomic conditions, prevent contractual defects, and uphold fundamental rights. The study concludes that the legitimacy of legal transactions depends on integrating civil law norms, human rights, and societal participation – particularly in unequal societies – to ensure contracts fulfill their social purpose while protecting vulnerable parties