PRINCIPIOLOGIA NORMATIVA E PAMPRICIPIOLOGISMO: uma proposta à luz da teoria processual neoinstitucionalista do direito

Abstract

This work is dedicated to analyzing principles as legal norms and their application, debating the phenomenon of pamprincipiologism, a term coined by Lenio Luiz Streck to define the free creation of principles divorced from their natural and effectively normative origin. After working on some examples of this practice, it is proposed to use the process along the lines of the neo-institutionalist procedural theory of law as a way of overcoming this problem and achieving a true Democratic State of Law. It is concluded, from an analysis of legal literature, that principles cannot be created by the free will of each judge or jurist, but must comply with regular normative creation which, in the wake of the theory in question, will take place in a proceduralized manner. The article is divided, in addition to the usual chapters (introduction, conclusion and references), into four topics, in which the concept of principles and their normativity will be studied, the problem of pamprincipiologism and some of its examples and, finally, the theory neo-institutionalist procedural law and its influence as a solution to the phenomenon under analysis. The method used will be deductive, using bibliographic and documentary research.