Um diálogo sobre a autonomia da Constituição e os direitos humanos: Aproximações hermenêuticas à noção de bloco de constitucionalidade

Abstract

An exploration of the hermeneutic possibilities of the Constitution claims a critical analysis of its present mode of comprehension. From a dialogic-hermeneutic analysis, the objective is to criticize the reductionist mode (and positivist) of comprehending the Constitution that obstructs its constitutive and paradigmatic character in the commitment to human and fundamental rights. In this scenario, human rights being the material link between the Constitution and international law, opens the way to think about the process of internationalization of the Constitution, which has the challenge of breaking the dominant legal imaginary. Finally, from this hermeneutic dialogue arises the space for the development of a constitutional block in human rights in Brazilian constitutionalism.