Questionamentos, abordagens e soluções jurídicas entre princípios constitucionais.

Abstract

This monograph is not the intention of depleting the study on the application of fundamental rights in pertine their conflicts and solutions to their tensions. Look, from a brief review of the effectiveness of the constitutional requirements (standards-provision and standards - principles), it only induce a rasa systematization of the tools that should subsidize the interpreter when dirimicao conflict between fundamental values. The search is norteia according to the national doctrine and the influences suffered by the doctrine that alien and no doubt contributed much to pacify the subject, provided that assesses the consequences of collision between fundamental rights under the perspective of the ruled in the Federal Constitution of Brazil, 1988. To address the legal solutions, the most controversial issue in the legal harvest, the intention is to clarify or add studies to acalorar the discussions surrounding the assessment of metacriterios of solution of the shocks normative. In bojo of normatividade of constitutional principles, the study of the ways of resolving the conflict between constitutional principles gained considerable importance, particularly when considered from a modern theory of legal reasoning. This job requires more careful and redefinition of hermeneutics constitutional classic, ruled by formal logic-positivist, advancing for a new constitutional hermeneutics, enlivened by topic reasoning and the application of maximum of proportionality. The methodology employed in this work is exegetico-legal, which is developed through the study of doctrines, books, magazines and articles found on the internet.