Teoria e prática da hermenêutica constitucional: (re)construção das decisões e pretensão de correção à luz da Teoria dos Erros Institucionais

• Ano de defesa: 2016
• Autor(a) principal: Ludmila Lais Costa Lacerda
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Anistia; Precedentes; Dignidade humana; Teoria dos erros institucionais; Teoria da decisão; Estado democrático de direito Brasil; Direitos humanos; Direitos fundamentais; Direito constitucional; Hermenêutica
• Link de acesso: http://hdl.handle.net/1843/BUBD-AYDN2E

The present dissertation is aligned with the legal theory, theory of decision, precedents and the correction of institutional mistakes. By means of developing the theory of institutional mistakes, it aims at being a collaborator to bring together theoretical perspective and practice in Law. In order to enable that, preliminarily, an overview on Ronald Dworkins integrity theory is provided, so as to point out some of its essential elements. These include the Right Thesis, the Right Answer Thesis and especially the exercise of adjudication in conformity with integrity. The initial goal is to elucidate theoretical content and take a position in revealing the essence institutional mistakes. Thereafter it is developed the theory of institutional mistakes in details to provide identification and treatment of mistakes according to the doctrine of precedent, legislative supremacy or judicial supremacy, and also with political morality and normative core of equal respect and equal consideration. Based on the derivation relationship between law and morality, it is proposed clarification of the objectivity in law and in moral through a theoretical connection with the defense of the independence of value and concept of human dignity as an ideal to be developed argumentatively. Finally, it is discussed questions about the limits of the agreements or political commitments based on internal compromises before democratic and constitutional commitments on fundamental rights. After the main theoretical propositions are outlined, we then move to a analysis of the reception of the Amnesty Act (Law No. 6.683/1979) by the 1988 Constitution and fundamental constitutional precept (Arguição de Descumprimento de Preceito Fundamental Nº 153/DF) the possibility of acknowledging mistakes while also abiding by the law as a form of integrity is demonstrated, and ultimately results in a closer relationship between the Brazilian society and its institutions, bearing in mind the responsibilities assumed when the Constitution of 1988 was created, and front of the Human Rights in conformity to the Democratic State of Law.