Decision-making process and constitutional interpretation: the impact of interpretative factors on the construction of constitutional rights.

This research proposal intends, in some way, to synthesize three lines of interpretative theory in Brazil ( 1) philosophy of constitutional interpretation; 2) methodology of constitutional interpretation: and 3) deliberation and constitutional interpretation) by proposing the analysis of the constitutional legal argumentation in Brazil carried out from the interpretative factors handled by the justices in their single opinions and the weight of said factors within the broader theoretical context developed about them.
Here are some provisional results:
a) interpretative frames: there is a lively interaction between abstract constitutional text and normative production of other political entities, mainly the legislative;
b) Inconvenient absences: constitutional history does not play a relevant role for the construction of fundamental rights.
c) Legal science is more important than the precedents of the court.