The open society of Constitution interpreters: limits and possibilities of application to the Brazilian constitutional reality

Abstract

In contemporary thought, hermeneutics plays a central role for the Constitutional Theory. This understanding, however, includes a plurality of theoretical perspectives. The present work is restricted to the analysis of Peter Häberle’s thought, because of its influence not only in the notorious Portuguese and Spanish Constitutionalism, but also in Brazil, in which case, also applied
to recent decisions of the Supreme Court. It is expected therefore, from the study of what has become a major theoretical framework of Constitutionalism homeland, to contribute to a deeper understanding of their own legal and social reality.