Democracia e Interpretação Constitucional em Peter Häberle

Abstract

This study intends to present, in a non-exhaustive way, some of the main contributions of German constitutionalist Peter Häberle for today´s theory of constitutional interpretation. It will be emphasized, above all, his intention on conceive an adequate constitutional hermeneutics to the hyper complexity of contemporary societies - which are characterized by pluralism and dynamism - by expanding the number of possible legitimate interpreters of the constitutional charter. In fact, Häberle will emphasize the eminently active role of organized civil society within the public sphere (Öffentlichkeit). Underlying the theory of the eminent German constitutionalist - as true Leitmotiv - the belief on the necessity of invigorate the democratic dimension of contemporary societies