THINKING AS A NEGRO: AN ESSAY ON LEGAL HERMENEUTICS

• Autor(a) principal: Moreira, Adilson José
• Data de Publicação: 2017
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/3182
• topic: storytelling, equality, hermeneutics, constitutional justice, racial identity; Storytelling, hermenêutica, justiça constitucional, identidade racial

This article applies a method rarely explored in the studies of hermeneutics in our country: storytelling as a means of unveiling the meaning of legal norms. The experience of a concrete subject, the author of this essay, serves as a reference for a consideration of the relevance of race in the interpretative process. It claims that the social place of the interpreter and the relations of power that defines its position in the social hierarchies determine to a large extent the way in which he understands the role and purposes of law in a democratic society. This means that the experiences of minority groups can be an important reference for the debate about the ways in which the legal system can promote social emancipation. Thus, instead of the traditional theoretical discussions about equality, the article formulates a counter-hegemonic narrative based on an understanding of law from the perspective of a subaltern subject.