CONSTITUTIONAL INTERPRETATION AND A TOPICAL - OPENING FOR REFLECTION OF THUMB OF LEGAL STANDARD

Abstract

This paper discusses the problems inherent in the constitutional normative interpretation, from a doctrinal review, developing a reasoning of critical order to traditional methods commonly used and an interpretive model that has objected existing and remaining in force until then, for justification legal. It leads to even reflect on the need to establish a constitutional interpretation through its own methods, given the characteristics and inherent peculiarities. The legal interpretation proves to be one of the topics of most importance of the Law General Theory, is closely related to constitutional rule and therefore the case with binding effect that it is not allowed contradictory results with each other. Thus, examine the interpretive methods of constitutional law, demonstrating that makes no criterion of choice for their application in case of conflict, becoming imperative for the interpreter and / or right of the applicator does not remain in indecision or if compliance with the Traditional methods without allowing a transcendent diagnosis of possibilities. The intention of the survey is to awaken a look at an interpretive paradigm, topical, enabling an empirical reflection of the rule of law, as argumentative and concretizing the grounds of constitutional rule.