A interpretação constitucional: tendências atuais

Abstract

This paper presents an analysis of hermeneutics and legal interpretation, as well as their specific aspects in the field of constitutional law, through other methods of interpretation that differ, but do not stray, from traditional methods, and the importance of the applicability of principles for the attainment of constitutional norms as a means of strengthening the democratic state that abides by the rule of law. It analyzes the modern interpretation techniques adopted by Brazil s Supreme Court arising from an evolving interpretative process of post-positivism in the constitutional order. It highlights the deliberation and argument techniques linked to the constitutional principle of human dignity as current trends in the Supreme Court in the constitutionalization of fundamental rights by analyzing two important constitutional lawsuits, Direct Action for the Declaration of Unconstitutionality No. 3510 and Action Against the Violation of a Constitutional Fundamental Right No. 54