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The article addresses the phenomenon of constitutionalisation in Brazilian law and the application of fundamental rights in private relations. It presents the differences of fundamental rights and human rights, with the recognition of the horizontal efficacy in the application of these in the private sector. The research is bibliographical and the arguments constructed based on the deductive method. Finally, it is concluded that if private organizations are subject to the duties of private individuals, the third-party organizations should be more concerned with the guarantee and protection of human rights, because their activities are much closer to state action.

A EFICÁCIA HORIZONTAL DOS DIREITOS HUMANOS E O TERCEIRO SETOR