The Ruling Constitution Theory as Imaginary for the Brazilian Constitutional Hermeneutics

• Autor(a) principal: Morais, Fausto Santos de
• Data de Publicação: 2015
• Outros Autores: dos Santos, José Paulo Schneider
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/2816
• topic: Ruling Constitution; Legal Hermeneutics; Constitutional Rights.

The Brazilian constitutional theory hasn’t yet overcome the instability and illegitimacy around it. The homeland constitutional jurisdiction atmosphere is of affront chronicle to constitutional normative principles. This inconstancy has the characteristic to be followed of disconnected purpose of any coherence and respect to constitutional sayings. Leaving this question, it’s argued that there is an imbrication between the ruling constitution theory and the protect duty of fundamental rights as a hermeneutic assumption to correct legal choices. It may be said, therefore, that the notion of constitutional dirigisme, integrity and legal coherence fortify the efficient protection of fundamental rights. It’s believed that the essay finds its justification in the proposal of reflection on the theoretical elements about the concept of constitution that favors due protection to the fundamental rights as important features to constitutional justice.