HERMENÊUTICA CONSTITUCIONAL - Aula completa e atualizada 2020 - A interpretação da constituição

Summary

In this video, Victor Magalhães, a lawyer approved in the latest AGU exam, explains constitutional hermeneutics, focusing on the importance of interpreting constitutional norms. He introduces key theories, such as interpretivism and non-interpretivism, and highlights the unique nature of constitutional norms, which differ from regular laws. Magalhães also outlines essential principles like the unity and harmonization of the constitution, as well as methods for constitutional interpretation, including the juridical, topical-problematic, hermeneutic-concretizer, scientific-spiritual, normative-structural, and comparative methods. These insights aim to deepen understanding of constitutional law and its dynamic, context-driven application.

Takeaways

• 😀 Hermeneutics is the study of legal interpretation techniques, and constitutional hermeneutics specifically refers to interpreting the Constitution.
• 😀 The two major theories in constitutional interpretation are the interpretivist theory, which sticks strictly to the text of the Constitution, and the non-interpretivist (activist) theory, which considers societal values when interpreting constitutional norms.
• 😀 The Constitution's norms differ from regular laws as they lack hierarchy, are inaugural, and possess supreme legal authority, making their interpretation unique.
• 😀 Key characteristics of constitutional norms include their supremacy, political significance, and the fact that they set the foundational structure of a nation's governance.
• 😀 The principle of constitutional unity suggests that the Constitution must be interpreted as a whole, with all norms holding equal hierarchical value.
• 😀 The principle of practical concordance promotes a harmonious coexistence of constitutional norms, meaning one norm should not completely negate another in a legal interpretation.
• 😀 The principle of maximum effectiveness argues that the interpretation of a constitutional norm should seek to maximize its practical effectiveness and enforce its fullest meaning.
• 😀 The principle of justice ensures that constitutional interpretation respects the roles and powers defined within the text, preventing interpretations that would alter them.
• 😀 The effect integrator principle emphasizes the Constitution's role in fostering political and social unity, ensuring that interpretations reinforce societal cohesion.
• 😀 Various methods exist for interpreting the Constitution, including the classical legal method, the problem-oriented method, the hermeneutic-concretizing method, and others that emphasize societal values and real-world contexts in interpretation.

Q & A

What is the main topic discussed in the video?

The video focuses on constitutional hermeneutics, specifically the interpretation of constitutional norms and how it differs from interpreting regular laws.

What is the difference between 'interpretativist' and 'non-interpretativist' theories of constitutional interpretation?

Interpretativism asserts that the judiciary should interpret constitutional norms strictly based on the text, without considering external societal values, while non-interpretativism suggests that the judiciary may consider broader societal values when interpreting constitutional norms.

Why can't the same interpretation methods used for laws be applied to constitutional norms?

Constitutional norms have unique characteristics such as their supremacy, inaugural nature, and political values that distinguish them from regular laws, making the interpretative techniques for laws insufficient for interpreting the constitution.

What are the specific characteristics of constitutional norms?

Constitutional norms are characterized by the absence of hierarchy, their inaugural nature, constitutional supremacy, and their foundational political values, such as the division of powers.

What is the principle of constitutional unity?

The principle of constitutional unity suggests that the constitution should be interpreted as a whole, with all constitutional norms having equal hierarchical status, thus requiring a unified interpretation of the entire system.

Can you explain the principle of practical concordance?

The principle of practical concordance emphasizes that constitutional norms should coexist harmoniously. No constitutional norm should be completely excluded, even if some norms are given more weight in specific cases.

What does the principle of maximum effectiveness in constitutional interpretation mean?

The principle of maximum effectiveness states that when there are multiple interpretations of a constitutional norm, the interpretation that guarantees the greatest effectiveness of the norm should be adopted.

What is the principle of 'justice' in constitutional interpretation?

The principle of justice means that constitutional interpretation should not alter the functions and competences established by the constitution. Any interpretation that modifies these functions is considered incorrect.

What is the principle of integrative effect in constitutional interpretation?

The principle of integrative effect suggests that constitutional interpretation should reinforce political and social unity. The constitution should serve as a solution to integrate political and social issues.

What is the 'topical-problematic method' in constitutional interpretation?

The topical-problematic method begins by identifying the problem at hand and then seeks multiple interpretations of the constitution to find the most suitable one for resolving the issue, based on the constitution being an open system of norms.

How does the 'hermeneutic-concretizing method' work in interpreting the constitution?

The hermeneutic-concretizing method involves a constant dialogue between the interpreter's pre-comprehension of the issue and the constitutional text. This back-and-forth process continues until the correct meaning of the norm is derived.

What is the 'normative-structuring method' of constitutional interpretation?

The normative-structuring method, developed by Miller, suggests that the true meaning of a constitutional norm is not just in the text but also in the social reality it addresses. The text and the reality must be considered together for accurate interpretation.

What is the 'scientific-spiritual method' of constitutional interpretation?

The scientific-spiritual method views the constitution as a cultural system of values, suggesting that interpretation should be elastic, dynamic, and evolve with societal changes and values.

How does the 'comparative constitutional method' work?

The comparative constitutional method involves comparing a country's constitution with those of other nations to gain insights into the interpretation of constitutional norms, especially when the meaning of a term like 'dignity' can vary across cultures.