Hermenêutica, Jurisdição e discricionariedade judicial desafios trazidos pela crise nos métodos de interpretação jurídica no Brasil/ Hermeneutics, jurisdiction and judicial discritionarity: challenges brought by the crisis in legal interpretation methods in Brazil
This paper proposes an analysis of the relation between legal interpretation and the phenomenon of judicial decisionism as a challenge of the Law in the twenty-first century. It is believed that Brazil is facing a crisis of the methods of legal interpretation during the Democratic State of Law. The...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5899560 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 13, Nº. 1, 2017 (Ejemplar dedicado a: Revista Brasileira de Direito. Jan-Abr/2017), pags. 131-160 |
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| Summary: |
This paper proposes an analysis of the relation between legal interpretation and the phenomenon of judicial decisionism as a challenge of the Law in the twenty-first century. It is believed that Brazil is facing a crisis of the methods of legal interpretation during the Democratic State of Law. The aim is to investigate the problem of the ineffectiveness of the law and its effects on society and, therefore, to present questions about the dominant hermeneutic-interpretative practices under the Brazilian legal scenario, especially those theories that invest in the judicial protoganism with the intention of overcoming objectivist positions on the Law. We wish to propose a reflection on the role of philosophical hermeneutics in understanding the failure of such hodiernal theories.Keywords: Hermeneutics. Jurisdiction. Discritionarity. Judicial decisionism. |
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