Repercussões da globalização na hermenêutica constitucional: flexibilidade e pluralismo na interpretação da constituição

Abstract

This work deals with the impacts of globalization on constitutional hermeneutics, highlighting in Giddens' globalization theory categories that identify the flexibility paradigm and that distinguish the current reality from the one in which rigidity prevailed. Thus, it discusses the new perspectives of constitutional interpretation nowadays, given the intensification of reflexivity and the advent of a new pluralism which are also manifested in the legal field in terms of a legal pluralism of globalization. The connection between sociological theory and legal theory is shown in the proposal to link the concepts with the constitutional thesis of Peter Häberle, whose analysis focus on the "open society" of the Constitution interpreters.