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The objective is to seek grants through theories of post-positivist and new rhetoric, to understand the problem of the eff ectiveness of the fundamental law and assess from a dogmatic-positivist, the importance of a new model of interpretation of Law, due to the cur-rent social context. Th us, that the issue of the legitimacy of power and demanding of the man in the social sphere is present in the philosophical discourse of post-modernity marked with refl ections on constitutionalism in a new historical phase of overlapping legal and political relevance. Th at the issue of the constitutional principles, not to occur distinctions of any kind in the treatment of individuals in a plural country, in face, the excessive bureaucracy (leading to slow the Judiciary) and a System that sustains a speech incoherent guide with distorted interpretations of the real society under the mask for the guarantee of social order.