Teoria constitucional dos princ�pios jur�dicos como teoria fundamental do direito e garantismo penal

Abstract

The papers deal with the proposal of a fundamental theory of law, which is based on the new concept of legal norms as including a new type, namely, legal principles. These kinds of norms are at home in the constitutional level and fundamental rights spring out originally from them. The proposal is confronted with that of the so-called “legal guaranties” in criminal law, in order to show their compatibility, towards a revision of fundamental concepts in legal theory and, specifically, in criminal law