Gustavo Zagrebelsky: in search of reason in Law

This paper examines some of the major texts of the work of Gustavo Zagrebelsky.

From it is examined the increasingly universal dimension of the reflection on the moral relationship with the law, and the internal and external basis of fundamental rights from a manifestlyanti-positivist position. Being one of the precursors of this inorganic movement called “neoconstitutionalism”, which is not directed by a common set of guidelines, it seems necessary to inquire into the nuances of the work of one of them. His views have the added value of coming from a judge who ponders on the position they occupy in the democratic and constitutional rule of law. Through these reflections arises the permanent tension between democratic definition of the legislature and the replacement of such assessments by judges