RECALL AND THE HÄBERLIAN CONCEPTS OF CONSTITUTIONAL HERMENEUTICS AND CONSTITUTIONAL INTERPRETS

Abstract

This paper, discusses from a interpretation idea where its inquired about the participants of the interpretive process, presents the figure of the judicial recall as a mechanism that allows an increasing and more effective society participation, because its one of the instruments that translates häberle's the concept of the citizen as an interpreter of the Constitution. Thus, concepts as the normative force of the Constitution and the emergence of constitutional jurisdiction are studied, as well as the constitutional hermeneutics from the perspective of Peter Häberle, from his theses of constitution as culture and open society of interpreters of the Constitution. Considerations are made regarding the recall and judicial recall, the latter as a concrete example of the flexibilization of the legal constitutional interpretation, addressing the issues of judicial activism and open constitutional interpretation. To achieve the desideratum proposed, the method was used the inductive procedure by indirect research technique, dividing the work into six sections, including introduction and conclusion.