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At first, the article will address the legal discourse as a science of state, from modernity, because this time is fundamentally marks the state as centralized entity and manufacturer standards. In a second phase will analyze the rhetorical cut at the heart of the legal scientific principles, notably the normative theory of law developed by Hans Kelsen, in which the legal discourse would allegedly alienated from social and political issues. Subsequently, we start from the hypothesis of the law as a cultural institution and the problem of landing the normative sense in the social fabric. Finally, we will analyze the possibility of a prescriptive stance of Law, where he will emphasize the need to substantiate and give consistency to values inside their own legal discourse, since there is a privileged place to base values except through a theory of argument, considering the subject of standards in the context that emerges in the social and political conditions that are inherent. Thus, the present work is to thread this theme, which requires the legal discourse in contemporary times, a change in methodological perspective as a condition for the realization and understanding of the fundamental rights.

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FUNDAMENTAÇÃO DE VALORES NO DIREITO: A NECESSIDADE DE UMA MUDANÇA DE PERSPECTIVA METODOLÓGICA PARA A EFETIVIDADE DOS DIREITOS FUNDAMENTAIS NO DISCURSO JURÍDICO DOI - 10.5752/P.2318-7999.2014v17n34p159