The Political-Legal Command of the Brazilian Constitution: Ideology and Hermeneutics
DOI:
https://doi.org/10.5433/2178-8189.2018v22n3p181Keywords:
Federal Constitucional. Hermeneutics. Political-Legal Command.Abstract
The paper discusses the propositional vision of João Luiz Martins Esteves, outlined in his book entitled “The Political-Legal Command of the Constitution: Ideology and Hermeneutic Binding”, specifically in Chapter 5, titled “A Legal Theory Appropriate to the Brazilian Constitution”. This research explores the view of said jurist, in the sense that one must seek the proper way of interpreting and applying the provisions of the Brazilian Federal Constitution of 1988. Criticisms may be made of the commonly adopted theories of the popular technique of weighing principles, which inevitably culminates in disrespect of constitutional commands. In addition, this study proposes the use of the hermeneutic methodology coined by Luigi Ferrajoli, plus adaptations to the reality of the Brazilian legal system, is apprehended.