A estrutura das normas de direitos fundamentais : repensando a distinção entre regras, princípios e valores




The dissertation analyzes the structure of fundamental rights norms taking into account the distinction between rules, principles and values. The research is divided into two parts. The first one examines the distinction between rules and principles and is composed of (i) a deconstructive part, based on a critical analysis of the strong theories Dworkin, Alexy, Atienza and Ruiz Manero, and their respective predecessors Esser, Larenz and Pound and (ii) a constructive one, which corresponds to the formulation and defense of a ductile theory, more adequate to understand the flexible, complex and defeasible structure of the fundamental rights norms. The second part focuses on the differences between principles and values, and takes into account the weak distinctions (Alexy, Peczenik) and the strong distinction (Habermas). The central objective is to elucidate the double face - deontological and axiological - of the fundamental rights norms and the consequences of this peculiar structure.


direitos fundamentais valores estrutura das normas values direito fundamental rights structure of norms rules and principles regras e princípios

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