doctor of law of the Pontifical Catholic University of Sao Paulo, associate professor of the University of Maranhao, researcher-professor of the University of UniCEUMA, prosecutor of justice
117, Rua do Sol, São Luís — MA — Brasil, CEP: 65.020.909
The thesis on the only true interpretation is present in Savigny’s classical methodology of interpretation, according to which the use of a set of methods (grammatical, logical, historical and systematic) leads to the disclosure of the value contained in the norm, despite the fact that the interpreter does not have any effect on determining its meaning and purpose. Positivists G. Kelsen and H. L. A. Hart preclude the idea of the only true interpretation. The first believes that the law is applied as a frame where there are various possible applications, despite the fact that the enforcer can set the value of the norm even outside the frame. In his turn, H. L. A. Hart understands the law as an “open texture” or a texture of a general character that at some point may be uncertain. With the advent of a welfare state, constitutions take the form of real agreements and commitments, and there appear specific methods of the Constitution interpretation — integrative, topical and concretion methods which do not offer elements for the only true interpretation, but strive to create an interpretation of certainty and predictability. P. Heberle upholds the belief that the interpretation of a constitution is both an element derived from an open society and an element that forms this very society. All these specific methods do not provide elements for the promotion of the only true interpretation, since they give more than one possible alternative to the meaning and
significance of the rules for interpretation of a Constitution.
Keywords: methodology, interpretation, constitutional law, methods of interpretation, legal certainty, the only true interpretation of a Constitution, integrative method, topical method, concretion method, philosophical hermeneutics, neo-constitutionalism.
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