A importância do sopesamento como instrumento da proporcionalidade na teoria dos direitos e garantias fundamentais

Abstract

The principle of proportionality gets even more the essential of justifying the theory of Fundamental Rights and Writs. Firstly, it is disseminated all over the legal system, where it fundaments uncountable ways of limitation the excess of the three Republic Powers, as much as in the 1988 constitutional as in its Microsystems. Secondly, it is a way to solve conflicts between constitutional principles using its three subprinciples. Balancing is for its turn an instrument of great importance in applying the maximization of the fundamental rights, which is a hard task for the law appliers and agents of the Executive Power and legislators before the complexity that involves the necessity of the valueing individual´s interests.