Considerações sobre a interpretação moral da Constituição: A constitucionalização dos Direitos Fundamentais e os desafios a sua efetivação

Abstract

Our proposal aims to ensure a critical approach about this phenomenon referred as Constitutionalization of Fundamental Rights, especially with regard to changes and breaks promoted by the radiation of the constitutional values through the whole legal framework. We observe that Constitutionalization of Fundamental Rights approached the contemporary philosophy through constitutional hermeneutics, seeking a rapprochement between law and moral, with a view to promoting material justice. However, observing the impact of these theses, we found some difficulties to be faced such as: legal certainty; the possibility of particularistic decisions; and the challenge of building a universal validity moral thesis.