The hermeneutics philosophy for democratic jurisdiction. Validating/applying the legal rule in present days

• Autor(a) principal: Nascimento, Valéria Ribas do
• Data de Publicação: 2009
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/24377
• topic: state; constitution; constitutional jurisdiction; hermeneutics; democracy; ESTADO; CONSTITUIÇÃO; JURISDIÇÃO CONSTITUCIONAL; HERMENÊUTICA; DEMOCRACIA

The path towards the democratic rule of law’s state includes the need for emphasis of constitutional law. It’s necessary to remove the veil off of the fundamental rights present in the constitution, especially in countries with profound social inequalities, such as Brazil. Is this manner, taking in consideration the role of hermeneutics, some notions that involve rule of law interpretation are developed, including the progress of the heidegerian-gadamerian philosophy, as well as the influence of these authors to contemporary law, as a way to avoid early decisions and arbitrariness.  In sequence, the transformation suffered by jurisdiction with the advent of neo constitutionalism is highlighted. It is important to note that the discussions concerning the debate between the discursive/argumentative theories and hermeneutics are not meant to be final, only to trace aspects in order to help the search for the best suited hermeneutics answer in each case. Should the research point towards a dialectician approach, a traditional methodology won’t be used, since the methods are closed to reality and can be all and none at the same time. Therefore, we see that phenomenology hermeneutics is the best suited for the goals of this article.