The claiming of the principle of proportionality: the acces of justice in the constitution

Abstract

The constitutional principles possess determinative action in the effectiveness of all legal system. They act as the starting point for the interpretation of the constitutional and infraconstitutional rules. Amongst the principles that integrate the Constitutional Law, the principle of the proportionality receives more prominence, also in the jurisprudence of the Supreme Federal Court. This principle is not approved explicitly by the Constitution, but it exists in the legal world through hermeneutic process. Therefore is the necessity of verifying the effectiveness of this principle and its relation with the basic rights, through the study of the Constitution and the jurisprudence of the Supreme Federal Court. Thus, the present subject is of great relevance, so that, it approaches, regarding the solution of conflicts referent to the basic rights, as well as the access to justice in the Constitution. It acts, therefore in the protection of rights considered relevant for individuals and, consequently for the society. Being this afore stated, the importance of this principle is observed, directly related to the effectiveness of the guarantees of the individuals and to the promises of the Brazilian Democratic State. The used methodology is the dialectic that starts from the contraposition of ideas between different authors.