CONSTITUTIONAL AND HUMAN INTERPRETATION OF THE NORM

A HISTORICAL RECLAIM

Abstract

This article proposes to present, albeit briefly, the thought devired from the transition from colonization to independence and constitutionalization and democratization of Latin America. Aimed to historically contextualize the feeling of mastery and manipulation of state power in favor of the economically privileged minority under a constitutional focus. And also analyze the Philosophical Positivism movement as a means to question the real efficacy of this application, due to the ample employment in Latin America. We attempted to include the hermeneutic activity in its aspects of argumentation and reasoning of decisions and actions. The methodology used was bibliographical, with doctrinal reference books, journals and online research. It was concluded that the people of South American countries, suffered with the physical and cultural death, in search of decent and sustainable conditions for social development and recognition of ethnic diversity, in the fight for independence and democratization. It was observed that there is a need to break with the positivist movement, because in the Latin American legal system does not apply the positivity of constitutional norms with the same emphasis as ordinary law rules. This triggered a major concern about the legal interpretation of the Law in the legal sciences, as is the fact that in Latin American countries one must take in account legal principles, here considering human beings as a natural, social, and cultural whole, along with their emotions built up over their own history, in order to achieve the desired will of Law as legally protected.