The hermeneutic conception of dialogues between formal and material constitution: re-significance of the separation of powers in the constitutional state

This article proposes to discuss the division of powers in the Constitutional State in the face of philosophical hermeneutics and contemporary concepts of formal and material constitution, with the aim of formulating a dynamic conception of separation of powers. In order to accomplish this task, the methodology used will be inductive, because, through a probability judgment, it is intended to restructure the principle of separation of powers seen from a dialogical and hermeneutical perspective between formal and material Constitution, and finally, aspects of the State of Things Unconstitutional judged by the supreme Brazilian court as a possible example of this institutional rupture of separation of powers. Thus, the division of powers must undergo a hermeneutic conception of dialogues between formal and material constitution, and therefore the co-participation distribution of the powers of a state must be shaped by hermeneutical criteria to guarantee the supremacy of the Constitution and fundamental rights.