Post-Modernity and Administrative Constitutionalism

• Autor(a) principal: dos Santos, Marcelo Pereira
• Data de Publicação: 2015
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Argumentação e Hermeneutica Jurídica
• Texto Completo: http://www.indexlaw.org/index.php/HermeneuticaJuridica/article/view/778
• topic: Constitution; Interpretation; Hermeneutics; Efficiency; Effectiveness; Constituição; Interpretação; hermenêutica; Eficiência; Efetividade

This work aims to define, describe and identify the administrative model of constitutionalism complementation of meaning and dimension of constitutional requirements. The research has as object the reflexes of the Act of the public administration on the interpretation of the principles and rules set out by the Constitution, as well as their practical applications. On theoretical criticism of the classic constitutionalism, trained by Gillian e. Metzger and Bertrall l. Ross, the contents of the text highlights the relationship between the willingness expressed and implied in the constituent Assembly, and the implementation of the rights to the extent of acting commissive and omissive of the Executive power. In addition, positive and negative aspects of this method of construction of the basic law, in order to drive the confluence between judicialization of public policies and consolidation of executive actions, effectively, efficient and effective. Through analysis of the methodology dialectic- descriptive, substantiated on verification of concepts and detailed perspective by the authors mentioned above, besides the interaction between critical thinking dogmatic and a look from the perspective of zetetic to justify a new interpretative method. In the end, it will be possible to understand the method of interpretation to achieve regulatory agencies, whose purpose is to build the constitutional norm in connection with the vicissitudes of contemporaneity.