Hermenêutica filosófica e a compreensão da regra de divulgação nominal dos vencimentos dos servidores públicos sem recursividade à ponderação
This essay aimed at facing the issue of the nominal publication of the civil servants’ salaries on the internet. As a direction was not set to the rule which must be extracted from the apparently conflicting principles (private life and publicity or transparency), it is intended to demonstrate that...
Saved in:
Main Author: | |
---|---|
Format: | Article |
Language: | Portuguese |
Published: |
2015
|
Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277367 |
Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 2, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 361-380 |
Tags: |
Add Tag
No Tags: Be the first to tag this record
|
Summary: |
This essay aimed at facing the issue of the nominal publication of the civil servants’ salaries on the internet. As a direction was not set to the rule which must be extracted from the apparently conflicting principles (private life and publicity or transparency), it is intended to demonstrate that the most adequate solution can be reached through Gadamer’s Philosophical Hermeneutics, combined with Dworkin’s Theory of the Integrity and Coherence of Principles, without appealing to balancing as it is supported by Robert Alexy’s Theory of Principles and Collision. I sustain that there are ways of reconciling the apparently conflicting fundamental rights with no need to sacrifice the essential core of any of them. Being absent the need for an onslaught on the private life of civil servants to achieve legal publicity, judicial decisions on this subject, including the Brasilian Supreme Court, suffer from the vice of unconstitucionality. |
---|