INTERPRETAÇÃO PÓS-LIBERAL E CONSTITUCIONALISMO TRANSFORMADOR:A RELEVÂNCIA DOS DIÁLOGOS ENTRE OS TRIBUNAIS DOMÉSTICOS E A CORTE INTERAMERICANA DE DIREITOS HUMANOS PARA A TUTELA ADEQUADA DA PESSOA

Abstract

This article investigates how post-liberal interpretation is necessary for transformative constitutionalism to implement human and fundamental rights. Analyzes the importance of precedents from the Inter-American Court of Human Rights – Inter-American Court of Human Rights in the development of hermeneutical proposals. Applying the hypothetical-deductive method and the bibliographical research procedure, it can be seen that Latin American transformative constitutionalism is built from a post-liberal interpretation that has the scope of establishing the assumptions for democracies, through the adequate protection of the human person. The precedents of the Inter-American Court are also studied as important sources for internal courts and judges to improve their own jurisprudence with the use of decision-making standards that allow judging the validity of normative acts and internal materials, in order to provide satisfactory protection to the human person throughout the region.