Hermenêutica filosófica de Hans-Georg Gadamer: Contribuições para a interpretação jurídica

Abstract

In this Thesis we start from the assumption that it is not anguish, but the gadamerian human dialogue based on his philosophical hermeneutics the liberating element of the interpreter who is initially, ontologically, under the domain of the impersonal, a locus where there is no free interpretation, because improper life blinds understanding by having, in reality, the reproduction of the orientation of the world imposed by the dictatorship of the impersonal. In this line, the conditions of possibility for understanding to begin require the complete release of the hermeneutic, the one who prudently (phronimos) frees himself from the interpretative dictatorship through a necessary existential transformation in the direction of an authentic life, which will take place in a path without method or formulas because shaped by dialogue that brings understanding. This is the only way to open up to the world. It is proposed in the Thesis that the space of interpretation undermines the arrival of any secure understanding, even in authentic life, attention is also called to the issue of deviation and vices of understanding, improper interpretations and those submitted to the will, to the calculating determinisms, technical indifference and the preferential use of religious dogmatics. It is proposed throughout the course of this thesis to apprehend the importance of the Being-there, a flesh-and-blood entity that acquires hermeneutic centrality by being open to the ethics of dialogue in a participatory and solidary political community of listeners and speakers. Furthermore, the interpreter's hermeneutic responsibility will be considered, in such a way that importance will be given to the reflective and communal conduct of the prudent hermeneutic, the one with the ability to perceive the nuances that surround life, things and texts, a refinement (subtilitas) that is provides for that interpreter who cannot, in Gadamer's words, deepen only in legal work, but in the dynamic view of a hermeneutic situation that advances multidisciplinary on all aspects of life and this desideratum can only be achieved by understanding in a dialogue, central concept of philosophical hermeneutics.