DA CONSTITUIÇÃO E DO TEXTO CONSTITUCIONAL:

ANÁLISE FILOSÓFICO-JURÍDICA PÓS-POSITIVISTA E HIPÓTESE DE MUTAÇÃO CONSTITUCIONAL DEMOCRÁTICA

Abstract

Given the supremacy of the Constitution, a systematic, structuring, coherent and concrete interpretation is necessary, guided by constitutional principles, and it is essential to know that the Constitution and constitutional text are not synonymous. This study is limited to the constitutional norm/constitutional text duality in Brazil. Thus, the central problem arises: in a Democratic State of Law, should the Constitution be interpreted according to its literality, or according to the principles and values that sustain society? This study is justified by the importance of understanding that the Constitution and constitutional text are not synonymous. The general objective of this study is to show the aspects that differentiate and characterize the Constitution/constitutional text duality. The specific objectives are: a) to highlight the importance of post-positivism for constitutional interpretation; b) discuss post-positivist theories that allow us to extract the true meaning of constitutional norms; c) analyze the importance of constitutional principles for constitutional interpretation; and d) point out the need to interpret the Constitution according to the values and elements that make up society. Methodologically, bibliographic and qualitative research was used to discuss the results based on the Brazilian legal-social reality, and with a hypothetical-deductive approach. The differences between the Constitution and the constitutional text were shown, through post-positivist theories, aiming for their maximum possible effectiveness, and the importance of constitutional principles for a structuring, coherent and concrete interpretation of the Constitution. Given this, the Constitution must be interpreted according to the principles and values that make up society, which brings a new hypothesis of constitutional mutation to guarantee plurality in the STF.