O papel dos direitos fundamentais e da hermenêutica jurídica na efetivação do Estado Constitucional de Direito

Abstract

This paper seeks to present and develop a critical debate about the performance of Fundamental Rights and its immense reputation in the legal system. In this way, we study the development of the function of the constitutional hermeneutics and its reasonable and fair interpretations for the concrete cases that involve collisions of these Rights in the search for the effectiveness of a Constitutional State of Law. For this, the bibliographic research was carried out from the survey of theoretical references already analyzed and published through electronic and physical writings, such as books, scientific articles, web pages, among others. Thus, it is necessary to understand the es-sential interweaving of two important foundations of the Democratic Rule of Law: Con-stitutional Hermeneutics and maximum protection, protection and enforcement of Fun-damental Rights in the legal system