Resumo

DIAZ REVORIO, Francisco Javier. Interpretation of the constitution and constitutional judge. Rev. IUS [online]. 2016, vol.10, n.37, pp.9-31. ISSN 1870-2147.

The interpretation of the Constitution is a complex task with difficulties, concerning both the "how" and the "who". It is a process that shares some characteristics with the interpretation of any other norm, but also has notorious peculiarities. These derive largely from characteristics of constitutional provision; especially its generality, ambiguity, politicity and axiological character; as well as the notable presence of principles in the fundamental rule.

Therefore, without prejudice to the applicability of criteria or elements commonly used in legal interpretation to the Constitution, various specific methods for constitutional interpretation have been proposed, such as "concretization", topical method, or weighting.

But they all pose inadequacies, when they are used as global and universal methods of constitutional interpretation. As for the subjects, it is argued that all subjects, private or public, can perform this work, but legislators and judges are in a special position; especially the constitutional judge.

This work focuses in the analysis the special position of the Constitutional Court (or the specific constitutional jurisdiction equivalent) as the supreme interpreter of the Constitution. In this condition, its decisions have a special value, binding for all judges and courts, and even in some cases have "erga omnes" effects or derogatory laws.

This is what gives constitutional jurisprudence the value of a source of law, and to the Constitutional Court a powerful position of great relevance; in that it can confront other constitutional interpreters. In its capacity as the delegate of constituent power, its power is great, although some controls over the whole system have to be established.

Palavras-chave : Constitution; constitutional Law; constitutional interpretation; Constitutional Court; constitutional judge; Judicial Power; constitutional justice; constitutional jurisdiction.

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