A brief essay on the historical origins of good-faith and its relation to public law

• Main Author: Daniel Cabaleiro Saldanha
• Format: Article
• Language: Portuguese
• Published: Universidade Nove de Julho 2010-06-01
• Series: Prisma Jurídico
• Subjects: Boa-fé; Direito público; Direito romano.
• Online Access: http://www4.uninove.br/ojs/index.php/prisma/article/view/1970

This essay discusses the historical origins of the concept of good faith in order to enhance the foundation on which sits Romanist. In this step, runs to its beginnings, from its conformation in the right quiritário, even in close connection with morality, until the formation of bona fidei judice, since the time of the process form. The purpose is to demonstrate that good faith as a foundational value of Western law, although originally linked to the discipline of private relations, finds fertile field of application in public law as a requirement of rational evolution. In conclusion, it is shown that the movement to replace the unilateral demands imposed by bilateral negotiated the umbrella of good faith, as guarantor of the rule and carry the state. Key words: Good-faith; Public law; Roman law.