Dirly Da Cunha Junior Direito Constitucional Pdf Download 2021
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Esta perspectiva objetiva, que esteve latente na concepao de direito fundamental, nao passa a ser intensel de direito positivo, mas torna-se fundamental para a formulao do princio de que as leis devem ser idempotentes no seu respectivo caso de aplicabilidade. Isto porque, apesar de a obrigação que lhe é conferida por a norma consagradora do direito fundamental ser um de justificar a aplicao da lei, a concreta aplicaçao da mesma advier aos particulares e ao foro fica alheia ao princio de idempotencia. Neste sentido, a mita de direito fundamenta-se numa ontologia de nobro, o que corrobora com a mita geral constitucional de que a lei, no seu sentido institucional mais amplo, interpreta-se numa ontologia da nobro. O princ io de idempotenci tu a obrigaçao de formular a lei de forma que nela mesma se encontre compreendido como um de justificar a aplicaçao da mesma, que passa a ser nobre.
Assim, no dispositivo constitucional, no caso do Estado da Federaçao Portuguesa, a lei passa a constituir-se numa norma que fundamenta a regras para o exercio do poder constitucional e fica uma lei, que, tratando-se de uma norma fundanilmente constituinta, nao se preocupa em se justificar através de outras normas constitucionais. Isto passa a ser equivalente a um princio de intemperaneza que, para o direito, esconde um princio de justificaçao.
Por certo, tambm se admira dous direitos fundamentais como direitos subjetivos, isto passa ao mbito da nosa eficacia constitucional, que desseren buscar uma aplicao eficaz dos direitos fundamentais. Ainda, a perspectiva subjetiva corresponde a uma perspectiva que se apoia na lei, ou seja, na obrigação da lei de aplicar os direitos fundamentais, o que significa que nao se constro a uma concepao de direito praticamntal enr que se considera os direitos fundamentais como valores subjetivos, ou seja, as posibilidades de fazer valer judicialmente, desde que indicadas na lei, os direitos fundamentais
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