A crítica hermenêutica do Direito : um passeio

Abstract

Throughout this work I intend to follow the itinerary devised by the Hermeneutic Critique of Law (CHD) in the unprecedented scrutiny it promotes of the national legal universe. The Hermeneutic Critique of Law, led by Lenio Streck, exposes the refractory nature of Brazilian law with respect to the linguistic turn that took place in philosophy since the beginning of the 20th century, thus unveiling the existence of a paradigm crisis in national law, arising from the persistence of legal positions that are irreconcilable with the constitutional order inaugurated by the 1988 Charter. These legal positions result from two paradigms: one, said objectivist, based on the idea that the law-text has a meaning in itself; another, said subjectivist, based on the notion that the interpreter of the law-text is exempt from accountability. The object of this work is, therefore, the Hermeneutic Critique of Law. The goal: to follow the path determined by Lenio Streck in his investigation of Brazilian legal genealogy. The problematization revolves around the Streckian thesis on the existence of a paradigm crisis in Brazilian law. The method chosen is the bibliographical review, taking as theoretical support the philosophy produced during the linguistic turn, as well as much more recent works, carried out in the scope of legal philosophy, in the wake of the movement led by Streck.