The Reflective Hermeneutics as Social and Evironmental Justices Theoric Legitimizer: Case Analysis in the STJ About Burning of Sugar Cane

• Autor(a) principal: Amaral, Fernando
• Data de Publicação: 2015
• Outros Autores: Pazinato, Liane Francisca Hüning
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Argumentação e Hermeneutica Jurídica
• Texto Completo: http://www.indexlaw.org/index.php/HermeneuticaJuridica/article/view/797
• topic: Hermeneutics; Legal theory; Social and environmental justice; Hermenêutica; Teoria do direito; Justiça sócio-ambiental

This article intends to dimension theoretically the courts reflective posture and its reflection within certain theoretical legal traditions and the consequent realization of ecologically balanced fundamental right. So, it is necessary to face the dimension of ecological citizenship, environmental damage and social and environmental justice as well as the position and the mainstream theories of law that is occupied in defining the judge's position in front of the Law. Minded, too, to demonstrate Hans George Gadamers position within the descriptive  philosophical  hermeneutics  as  well  as  eventual  polemic  with  the  dialectic prescriptive of Junger Habermas and the complementary relationship of both and thereby form a reflective hermeneutics. To contextualize the presented legal traditions and the need to reflect about the context put on judgment, a case study was presented about the divergence in authorizing the sugar cane burning in the case law of the Supreme Court, its influence in the grounds and reflective understanding of the judge, as well as identifying in the discourse the theoretical tradition and the influence of these factors in the trial. We used the literature and case law research. The result achieved was the need for a hermeneutic circle reflective leading him to an environmental justice and realization of ecological citizenship, concluding that  prejudice  and  reflection  on  the  presented  normative  context  are  key  to  reduce environmental  damage  evidencing  a  reflexive  hermeneutic  perspective  inclusive  of hermeneutics and dialectics as legitimizers of an emancipatory legal theory.