CONSTITUIÇÃO E TRANSFORMAÇÃO SOCIAL: DO LEGADO POSITIVISTA ÀS POSSIBILIDADES CONCRETIZADORAS DE UMA INTERPRETAÇÃO ÍNTEGRA DO DIREITO

The Federal Constitution was promulgated more than thirty-five years ago. The promulgation of a compromise and directive text significantly altered the constitutional tradition of the country. Over these three decades, many social and institutional advancements have been observed in the construction of a democratic environment through the reduction of various forms of inequality present in the country. However, part of the constitutional project inaugurated in 1988 remains pending implementation. In this context, this text explores the concrete possibilities of an integral interpretation of the law, in light of Ronald Dworkin's work. With the protagonism conferred upon the Judiciary by the Federal Constitution, the construction of a theory of judicial decision-making committed to the Democratic Rule of Law, which is intended to be built in Brazil, is indispensable. What, then, would be the limits and possibilities of overcoming a positivist conception of law and generalizing the idea of law as integrity? After a brief exploration of some of Dworkin's theories, the concretizing potential present in the concept of law as integrity, adapted to the Brazilian institutional reality, will be examined. To this end, a conceptual reconstruction of the author's glossary was carried out.