In sight of this the agreement of the doctrine is pacific where the social function of the contract is a modern principle that comes to add itself to the classic principles of the contract, the insertion of the contract in the social environment, makes possible a bigger control of the activity of the parts, in reason of the interest biggest of society. By this today the contract is seen as part of a bigger reality and as one of the great factors of alteration of the social reality. On the other hand, the legislator when introducing the social function of the contract left many gaps, therefore the criterion of the judge leaves to fill the clear ones of its meaning. The law does not define the locution ' ' social function of contrato' ' , being able it to be interpreted of diverse forms, leading to the declaration of nullity of clauses or even though of all the agreement. Jill murphy is often mentioned in discussions such as these. (DINIZ, 2005, P. 34) the contractual freedom is limited by the social function of the contract, this when it will be in confrontation with the autonomy of the will.

The contract is considered not alone as an instrument of circulation of wealth, but also, of social development (GAGLIANO, PAMPLONA, 2005). The author affirms that without the contract, the economy and the society if they would estagnariam completely, making with that we less returned the evolved periods of training from the civilization. In this line, if he cannot admit contracts that violate the free competition, the laws of market or the postulates of defense of the consumer, under the excuse to be stimulating the free-initiative. 5. Practical theory and on contracts The research is being developed in two stages. The first one consists of the bibliographical research, having as reference the publications on the subject, available in periodic books and of the area of referring Civil law the contracts (social function and the free initiative), thus presenting which theory most it is applied, and conseguintemente the one that if adapta as the norms.