Normas "programáticas" e sua aplicação no âmbito da nova hermenêutica

Abstract

The present research aims to promote an attack to the current applicability of the constitutional policies theory so called programmatic. So, the true legal nature will be point out, correlates that is with the theory of principles, its historical process, its contradictions with the new hermeneutic as well as some overcoming parameters. We point out that the classification has a more politicalideological bias than a technical-juridical one. It has been presented that the nonfunctioning of the doctrine, has been used as a hiding place for the judiciary that, applying it, denies its responsibility in guarding the basic rights constitutionally assured. A firm stand to a moderate judicial activism has been adopted in order to find criteria that, in a rational way, provide the constitution fulfillment in a democratic way.