O CONCEITO DE CONSTITUIÇÃO ABERTA COMO UMA MEDIDA PARA A EFICÁCIA DOS DIREITOS HUMANOS NO BRASIL

• DOI: 10.22533/at.ed.6922013082

• Palavras-chave: Constituição Aberta, Hermenêutica, Direitos Humanos

• Keywords: Open Constitution. Hermeneutic. Human rights

• Abstract:

   

  The following article intends to understand how the interpretation of the Fundamental Human Rights norms impacts its legal efficiency. It also seeks to make an analysis of the concept of Open Constitution, proposed by Peter Häberle, looking to understand how its perspective could mayhaps solve problems of the efficacy of the Fundamental Norms. The paper is justified as it analyses how the interpretation and other hermeneutic themes impact the juridical efficacy of the Human Rights, questions of yet little discussion. As a research method, it seeks to analyse the bibliography of authors that have approached the theme, it also uses as analytical key the ideas of the philosopher Hans-Georg Gadamer. As conclusions, it was possible to observe a deepening of the discussions on how the phillosophical Hermeneutic impacted the legal studies. Furthermore, it comprehended more broadly that the concept of Open Constitution enables a more adequate application of the discoveries of the New Hermeneutic.

   

   

   

• Número de páginas: 23