The brazilian state structures are being modified, especially after the Federal Constitution of 1988, that has promoted the enlargement of the Judi-cial functions, turning to it the flashes before focused in the legislative. The neoconstitucionalism and the constitucional jurisdiction are rectifying the distortions brought by the positivism, approaching law and moral, and applying the law to each concrete case, observing its particularities. And, associated to an actual herme-neutics, they overcome the usual way to apply the law. However, apparently, the law appliers are so used to the positivism, that obstruct this law revolution.