Abstract

COCARICO LUCAS, Edwin Santiago. The distinction between disposition and norm: Toward an understanding of the interpretive sentences and the object of the control of constitutionality. Rev Cien Cult [online]. 2015, vol.19, n.35, pp.55-82. ISSN 2077-3323.

The compared constitutional caselaw reveals that the interpretive judgments are clear examples of the manner the constitutional courts were taking away from the 'negative legislator's paradigm', just as Hans Kelsen articulated it as its theoretical foundation. This category of pronouncements, known as "unilateral" (comprising manipulative, additive, substitutive decisions), caused the custodians of the Constitution brought them more than one criticism, mainly because they were configuring themselves as positive legislators, given the fact that the constitutional interpretive rulings do not only suppress unconstitutional legal precepts, but create and/or innovate law. Nevertheless, these allegations toward the Constitutional Court (TC) may be unfounded. In order to clarify these concepts, the author deepens about the differentiation between the terms disposition and norm, which is necessary to understand the real dimension and scope of the hermeneutic shortcomings assumed by the TC in opportunity of exercising the control of constitutionality of the law.

Keywords : Interpretive ruling; disposition and norm.

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