INCERTEZAS COGNITIVAS E EQUIVALÊNCIA ENTRE PESOS NA TEORIA DOS PRINCÍPIOS DE ROBERT ALEXY

Abstract

This article aims to analyze Robert Alexy's theory of fundamental rights, its main concepts and ideas, especially with regard to the collision between principles as optimization requirements, as well as the method of solving this type of antinomy. Therefore, the collision law and the principle of proportionality will be addressed, with its three partial maximums: suitability, necessity and proportionality in the narrower sense. The focus of the work is the discussion about the impasse in the weighing between conflicting principles with equivalent concrete weights or when facing cognitive uncertainties of a normative or empirical type. Furthermore, the notions of collision between principles and impasse will be presented.