Expressão normativa dos direitos fundamentais e a natureza jurídica dos principios / Normative structure of fundamental rights and of the legal priceples.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

The scope of the study is to analyze the normative structure of fundamental rights, primarily focused on the investigation about the legal principles, as a norm by which fundamental rights are expressed preferentially. The study of the issue reflects the concern about the effectiveness of fundamental rights, because the resistance to the full applicability of these standards can not be explained only by political and economic reasons, but also by the strong influence of theoretical uncertainties that permeate its regulatory framework. The research was developed through a qualitative methodology, especially by a literature in depth scan about the theory of fundamental rights and the theory of rule of law. The study revealed the persistence of a strong resistance to the recognition of principles as a juridical norm that expresses fundamental rights. This resistance emerges as a heritage of the extreme legal positivism. The analysis permit to conclude that the legal principles have all the elements of a juridical norm, so there are no theoretical obstacles to its full pplication as a way to protect and fundamental rights effective. Keywords: Fundamental rights. Theory of juridical norm. Legal principles. Principles and rules. Densification of fundamental rights.

ASSUNTO(S)

norma jurÍdica - dissertaÇÕes direito constitucional direitos fundamentais - dissertaÇÕes

ACESSO AO ARTIGO

Documentos Relacionados