NORMA CONSTITUCIONAL PROGRAMÁTICA E O DISCURSO JURÍDICO SOBRE POLÍTICAS PÚBLICAS: CONCRETIZAÇÃO PELA ATIVIDADE JURISDICIONAL.

Abstract

The present master thesis has as a starting point a proposed investigation the legal speech of the constitutional programmatic rule and it s material consequences for the political power, specially in confrontation with the jurisdictional activity. It s development applies over the axis of the paradigm of post-positivist legal interpretation allied with the perspective of the speech argumentation theory . The hypothesis pointed seeks to confirm that the legal-positivism, as political stand point, is no longer able to sustain as only orientation for the rules capable to respond to the needs a diversity of theoretical concepts and the globalization of the contents required by culture. Facing the global economic contingencies, it is certain that the social are going through a stress originated by the crisis experienced by the State itself. This orientation the first analysis is taken taking account the rule of law by itself and, in the end, the constitutional pragmatic rule, functioning as a public policy parameter delivering the social rights and welfare policies. It is establish, as well, that the hypothesis adopted considers the constitutional programmatic rules, even if they are not regulated, possess the sufficient normalization and efficiency for, through them, the constituted public powers could, indeed, reinforce the constitutional will and confirm the it s regulatory strength. The aim is to ask when, how and in what circumstances this task should be accomplish, considering the wide range of impediments faced by this enterprise are also the goals of this research. In special concern of the jurisdictional activity, in the search to comprehend in which way the constitutional hermeneutic can be posed as efficient and legitimate instrument to establish the precepts and shape in which the courts decisions are embedded as a parameter of the accomplishment of justice.