Constituição econômica e a sociedade aberta dos intérpretes

Abstract

By means of an overall study of the Economic Constitution and the interpretation of Constitution, it can be verified in what way the economic science is inserted in the Constitutional Text. As two sciences (law and economics), they are focused in one sole document, the constitution. Therefore, the latter, document responsible for society´s organization, has dealt with the economic subject in its text. Peter Häberle´s interpreter´s open society theory has become relevant to the extent that it highlights the integration of reality in the interpretation process. The norm is hence seen as an interpretational construction which absorbs the several realities represented by citizens, economic forces, political groups, among others which must act, at least, as pre-interpreters. Here, in the economic aspect, its emphasis must also be distinguished for its responsibility in organizing economic assets as well as being an area with its own laws, hardening law´s action. Within the current social complexity, the sources of legitimacy of norms are necessities. There are norms because the conflicts remain. In this sense, the challenge of the present study is due, mostly, to the complexity of the social organization, which makes the economic analysis a topic not only pertinent to the juridical dogmatic, but also the influence of the social facts