Direito Consticucional

Neoconstitucionalismo. ABSTRACT Until what point whether or not today, we are really facing a rupture, not just in the way of interpreting the law, but also how to conceive it, is the central theme around which orbit the theoretical considerations presented in this study and that will develop in order to demonstrate the gap in Kelsen’s and Hart’s positivist reading of the law. The normative understanding of principles developed especially from Dworkin’s perspective, promotes a reunion between morality and law and makes the strength of the positivist view of separation and neutrality subdued face the current Constitutions which are fulfilled with principles. The normative principles are to find, especially in the Constitutions of the second post-war, its natural locus, permeating those texts of the most varied fundamental rights and demanding, because of the change that they promote in the theory of norms itself, also a renewal of the hermeneutic theories and the construction of a consistent theory of adjudication. This surpassed positivist mindset occurs due to a constitutional development that has proven to be protagonist in the implementation of innovations that will, on account of their reasons and importance, change the very theory of law. Although the positivist doctrine has reached with Hart – in his Post Scriptum –, a development and refinement able to combine law and morality in a contingent relationship, as does the so-called…