Princípios processuais constitucionais norteadores da jurisdição à luz da teoria dos direitos fundamentais

Abstract

This dissertation has as the central focus a reflection concerning the interpretative possibilities of the Constitutional Procedural Principles of Due Process of Law and the Contradictory, while legal statements of the procedural dimension of Basic Rights. The inquiry presents as specific objectives: to establish a logicaltheoretical connection between State, Constitution and Theory of Basic Rights; to reflect critically concerning post-modernity and to identify a compatible Procedural Theory with this epistemological pattern; to investigate the interpretative possibilities of the Constitutional Procedural Principles of Due Process of Law and the Contradictory in status of Basic Rights of procedural dimension. The research phase is carried out through the use of the inductive method and the techniques of the Referring, Category, Operational Concept and Bibliographical Research. In the treatment of the data, the cartesian method is used and the report is composed in the inductive logical base. The development of the subject is done in three chapters: Constitution and Basic Rights: a symbiotical relation; Process: locus of achievement of Basic Rights; and Constitutional Procedural Principles as a means of the reinstatement of the practical reasoning and the axiology of Basic Rights. The paper finishes with the Final Considerations, which is elaborated using a descriptive-argumentative procedure and a brief synthesis of the research work, as well as demonstrating the confirmation of the pre-established hypotheses presented for its elaboration. The institutional objective is to obtain the Master Degree in Law