La funzione limitatrice dei principi - valori costituzionali nella giurisprudenza costituzionale. Riflessi ed implicazioni sulla legalità penale

The thesis aims to investigate the effects that principles/ values ??product on the constitutional parameter, in order to verify the impact on the legality in terms of predictability and certainty. In particular, outlined the connection between constitutional principles and values, and rebuilit, at the same time, the relationship between values ??and normativity, we analyze the effects that the logic of values product on the constitutional parameter, emphasizing the impact on the constitutional judgement. So identified the link between principles and values in the functional capacity of the first to realize the fundamental rights, the intention is to point out how the most extensive implementation of the principles-constitutional values could be accomplished at the expense of the law and of legal certainty in a relationship inversely proportional. This would appear evident from the privileged optic of criminal matters,for which the legality, read in the light of criteria of adequacy and reasonable proportion, closed to the needs of the justice of the case, if pushed in excess of interpretation threatens to invade the field of the legislature, the only deputy to make value choices.