In this article, written after a lecture given on occasion of the International Seminar in tribute to Prof. Miguel Reale, considered to be the father of Brazilian threedimensionalism theory, the Legal Realism, I propose to analise the Theory of Interpretation by the point of view of a dynamic legal system. Considering the Civil-Constitucional legal view, proposed by Prof. Pietro Perlingieri, I argue that the Constitution ought to be seen not only as the major law of a system, but also as a center of convergence and reference for other legal standards, including the rules of civil law. In a legal system founded on principles, the interpretation goes from standards to a real case, analyzing the aspirations of society, seeking and unit based on facts and values.
Teoria da Interpretação e Normas de Direito Civil
DE CICCO, Maria Cristina
2011-01-01
Abstract
In this article, written after a lecture given on occasion of the International Seminar in tribute to Prof. Miguel Reale, considered to be the father of Brazilian threedimensionalism theory, the Legal Realism, I propose to analise the Theory of Interpretation by the point of view of a dynamic legal system. Considering the Civil-Constitucional legal view, proposed by Prof. Pietro Perlingieri, I argue that the Constitution ought to be seen not only as the major law of a system, but also as a center of convergence and reference for other legal standards, including the rules of civil law. In a legal system founded on principles, the interpretation goes from standards to a real case, analyzing the aspirations of society, seeking and unit based on facts and values.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
