About neoconstitutionalism theory and constitutional principles

Abstract

The study addresses the contours of neoconstitutionalism, theoretical model that proposes to overcome the set of theories that mark the legal positivism, from the consolidation of a model based on the prevalence of the Cons­titution, the close relationship between moral reasoning and legal discourse, all informed by firm defense of normative force of constitutional prin­ciples. In the neoconstitutionalism, the theory of constitutional principles attains special significance for contemporary legal discourse, to be accompa­nied by a sound theory of legal reasoning, capable of ensuring rational criteria in the application of that open system of constitutional principles essential factor of legitimization and justification of decisions (judicial discourse). These are some of the discussions included in this study. Finally, we conclude defending the relevance as well, inclu­ding the consolidation of a culture of defense of the Constitution.