Aplicabilidade dos princípios constitucionais.

Abstract

With objective to search the doctrine that worries about the theme regarding the practical possibilities of the application of the constitutional juridical principles, possibilities these current of the second understanding which the juridical norms, specifically the constitutional ones, constitute the gender, whose species are the rules and the juridical principles, it is that the theme of the applicability of the constitutional principles was idealized. In the face of the variety of opinions in the academic middle, in what he refers to the true paper of the principles juridical, especially the constitutional ones, it tried to verify in that apprenticeship was the doctrine of the principles in the juridical literature. Such opinions, usually played almost knowledge, imprecise knowledge on the subject, or typical "juridical ideology" of the academic means, represent extremist thoughts: some want that of the applied right is obtained as result a sentence based on the cold and comfortable operation syllogistic of understanding of the juridical fact (smaller premise) to the dispositions clearly printed in the letter of the law (larger premise); others cheer up for the idea of the liberality jurisditional, in other words, the judge doesn't owe if he arrests the any structure dogmatic to decide, being just sustained in the ideas of justice and justness. Another impulse factor for the choice of the theme Applicability of the Constitutional Principles was felt need (curiosity) of determining the Real weight of the constitutional principles before the cases in that he/she mentioned himself the obedience to such principles. It is necessary to penetrate to the duramen of the subject, concerning applicability of these norms in the experience, tends in view the complexity of the theme, that it is still treated according to the old bases of the dichotomy Right natural vs. Positive right. The used methodology consists of bibliographical research (including books, newspapers and goods published in half electronic) of some of the largest representatives of the doctrine principiologica of our language, to example of Bonavides and Canotilho. The result the one that she arrived is the statement that the non recognition of the immediate normative force of the constitutional principles is treated of an attempt of withholding of the sacred rights in the Constitution, that is, nowadays, an authentic Statute of the Citizenship in our country.