Uma teoria hermenêutica jurídica desenvolvimentista

• Autor(a) principal: Oliveira, Danilo de
• Data de Publicação: 2023
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/39936
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direito ao desenvolvimento; Direitos humanos; Efetividade; Interdimensionalidade; Políticas públicas; Right to development; Human rights; Effectiveness; Interdimensionality; Public policy

A certain consensus around human rights has encouraged, within the scope of the Science of Law, the search for a more adequate logic for carrying out legal interpretation, alternatively to the logic of subsumption, such as first revealing the foundations and hermeneutical guidelines for then perform the optimization judgment. A certain consensus about human rights has encouraged the addition of a new parameter to classical methods of interpretation. Therefore, the present study is concerned with proposing a New Hermeneutics based on the human right to development: a developmental legal hermeneutic theory. It aims to make explicit the deep and contemporary meaning of the right to development; demonstrate the insertion of the right to development in the Brazilian legal system; unveil the hermeneutical role of the right to development; propose developmental hermeneutic guidelines; demonstrate the applicability of the right to development as a hermeneutic vector. Documentary and bibliographic data collection methods were adopted. As a method of data analysis, the critical-narrative review was adopted. Thus, the proposal is revealed that fundamental human rights are instrumental for the New Hermeneutics; however, observing its unity and interdependence, which is made possible in the Theory of Law by a good understanding of the right to development. The legal norms and the acts of the Public Power that concern public policies will only be profiled with the content of fundamental human rights, making them effective, if and when interpreted and applied observing the right to development, given that it has conductive characteristics for a adequate New Hermeneutics, such as its interdimensionality and expansiveness. The present study reveals that the right to development is capable of being the driver of the optimum, if and when more than one exegesis proves possible. It is the determinant that leads to the effectiveness of human rights through the process of adapting other determinants: environmental, social, economic, political and even other legal determinants. Just as the four cardinal human virtues have the virtue of prudence as their auriga virtutum, the (classic) dimensions of human rights (freedom equality and fraternity) have the right to development, interdimensional and expansive, as the guiding process of their effectiveness and suitability