O princípio do balanceamento (balancing) ou do contrapeso de valores e bens constitucionalmente protegidos

Abstract

The present work deals with the principle of the balancing (balancing) or the counterbalance of constitutionally protected values and goods. We will deal with its historical origins, as well as of its essential content and its primordial purpose, searching differentiates it of similar instruments. We will make the differentiation between principle of the balancing in ample direction and principle of the balancing in strict direction in the point of view of the national and foreign doctrine. Finally, we will also observe the critical done at the principle of the balancing as well as the counterpoint the same ones, in order to support because amongst that available methods for interpretation, optimum (or at least what it possess minors difficulties) are of the balance or the balancing.