THEORY OF LEGAL ARGUMENTATION, THEORY OF CONSTITUTIONAL RIGHTS AND THEORY OF PRINCIPLES IN ROBERT ALEXY

Abstract

The article aimed to examine how the Theory of Constitutional rights formulated by Alexy depends, for its correct application, on the Theory of Legal Argumentation. Using the theoretical-deductive method, this qualitative research used indirect sources to analytically address the general aspects of both theories and, subsequently, highlight the main points that interconnect them. The clarity of the relationship of dependence between them is a central element to ensure the effectiveness of fundamental rights and guarantee equality in their exercise. Reasons are argumentatively exposed to support the conclusion that, for the adequate solution of collisions between principles, it is essential to use the rules of discourse and the rational application of balancing, through the correct use of the law of balancing.