Direito e Linguagem: A hermenêutica como possibilidade de abertura do Direito

Abstract

This work aims to contribute to an analysis of law, in its concept and in its application, from a perspective of philosophical hermeneutics with the foundation in language. To look to the law from the linguistic turn and under the matrix of the philosophical hermeneutics allows an extension of the horizon of the comprehension of what is the law. On this look, the objective is to allow the law a proximity of what happens in the world, a non-idealized bias of construction of the law. The starting point is the existence of the law itself and the deconstruction of the analysis submitted to the subject-object relationship. Language becomes the foundation on which law is structured, there is no law without language, and from it law meets reality. It follows Heidegger's thinking to establish what is the fatigue and the change it causes in the hermeneutic look, the importance of comprehension as a component of existence. With Gadamer he goes on to the hermeneutic circle and horizon of understanding, which shows the confluence between the horizon of the text and the interpreter, when one applies, interprets, and understands something. Sought in the philosophy of Wittgenstein the grounds that you can not see a world in itself, but rather a world from the language. Thus, the main arguments present are the linguistic turn occurred in philosophy, in which language comes to occupy the prominence of the space of discussion; Heidegger's hermeneutic philosophy; and the philosophical hermeneutics of Gadamer. This path of philosophy, of this philosophical turn, that the subject interpretation is approached. Legal hermeneutics under the mode of being of philosophical hermeneutics is seen as a space of openness to new possibilities of construction of the juridical phenomenon.