Discovering the underlying hermeneutic assumption of the proportionality principle
DOI:
https://doi.org/10.4013/rechtd.2014.61.05Abstract
The proportionality principle requires a hermeneutic element. Thus, this work presents a bibliographical study, supporting a hermeneutic basis for the proportionality principle. Such a plea would serve as a key element to reduce the legal discretion and guide the decision-making. Finally, the essay provides a new view about proportionality discussion in Brazil through the Critical Hermeneutics of Law.
Keywords: constitutional rights, proportionality principle, legal hermeneutics.
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