Análise dos conceitos de regra e princípio e seus usos na aplicação do direito com base na teoria dos direitos fundamentais de Robert Alexy

Abstract

The present work aims to explain the application of fundamental constitutional principles in the framework of Robert Alexy’s theory of fundamental rights. The developed analysis has it’s starting point in the establishment of conceptual distinctions between text and norm, directly established norms and attributed norms, and, finally, between rules and principles, levying criticism at the definition of the concept of principle proposed by Alexy. From there, a commentary is made on the polemic surrounding the limits of constitutional principles, moving on to the analysis of the procedure of verification of norm proportionality utilized in the theory of fundamental rights of Robert Alexy. At the end of the analysis, it is sought to demonstrate how the application of constitutional principles should be fulfilled in cases involving private entities, seeking to provide a full exposition on the most important aspects regarding fundamental constitutional principles.