Da (in)segurança jurídica e de seu desamparo simbólico à ampliação do rol de intérpretes da constituição

Abstract

It is by means of the literaty text that modern humans beings constitutes themselves as agents of its own history. It is also a textual production that constitutes to them the idea of a written law, and therefore susceptible of greater control and setting direction. The mystique of legal certainty led to believe that words imprisoned in a paper would accept in a submissive way a one-dimensional and totalizing hermeneutics. However, the live and relentless reality contaminates the speech and calls for multiple interpretations. As complexity grows, the myth of legal certainty crumbles. The solution lies upon the democratic expansion of the cast of interpreters in the way Peter Häberle proposed based upon Karl Popper’s open society.