Hermeneutic, Constitution and autonomy of Law

Abstract

The Constitutions enacted starting from the second post-war period have began to contemplate rules and principles, with leading policies, having in its body of political, social and economic ideas the expectation of precepts achievement inscribed in it, in order to introduce the policies of the Democratic State of Law, representing a normative plus with regard to welfare state. In this context, the slipping of tension pole towards constitution jurisdiction has not come in Brazil followed by the due comprehension of the new paradigm. Conjoined to this, there was not a necessary reception, by Law, of the improvements represented by ontological-linguistic turn that have taken place in philosophy, seen as an overcome of the subject-object scheme. Consequently, the conditions for the surpassing of positivist discretionality were not based which has handled a pragmatic crisis in what concerns the effectiveness of promises of modernity through the constitutional jurisdiction, disrespecting the Democratic State of Law as a new paradigm founded established in the autonomy of the Law.

Key words: Hermeneutics, Constitution, autonomy of Law.