Constitucionalismo(s) e Resignificação Hermenêutica: Reflexões desde a Perspectiva Crítica Latino Americana

Abstract

At the end of XX century, news and diffuse law speeches will pointing the emergence of innovative theoretical models self-proclaimed “critical”. In Brazil, in this context, is inaugurated an innovative and revolutionary face of constitutionalism which expands the power of the judiciary, for the preservation of democratic order and fundamental rights. On this track changes a new feature is the extensive social rights catalog that redefines the hermeneutic field, hitherto of modern formal legalistic tradition. However, the desire to consolidate and ensure both institutional and cultural fundamental rights, is being wit- nessing the first decade of XX century in Brazil as well as in some Latin American coun- tries, expanding the field of democratization and social policies. In this context, while it is being implemented a new constitutional paradigm from plurinationality, demodiversity and new rights linked to rationality, there is the expansion of the role of the judiciary which ultimately provoque a distortion of jurisdiction and hermeneutic fundamentals that serves as its legitimacy. It is from this unprecedented complexity that since Mark of the tradition of critical thinking, the juridical thinkers are forced to rethink hermeneutics from a new logic, new foundations and new epistemological elements, shifting the her- meneutical question to a different dimension than have been given by modern rationality and beyond what was bequeathed to the positivist tradition: the external field of norma- tive valuation. Challenge between oscillations and divergences can not be overlooked.