How the interpretation of Law under the influence of Literature fosters the innovation of the legal norms without break its basic structure: analysis based on the books “Measure for measure” and “Dona Flor and her two husbands”

Abstract

This article has the general objective of verifying how the literary perspective applied to the Law can enable constructions and reconstructions of the meanings of the legal norms, but without incurring in interpretative inventions, emphasizing the creative - or pragmatic - character of Legal Hermeneutics. As specific objectives, at first it is explained what the pragmatic or philosophical perspective of Legal Hermeneutics consists of, and how Literature can help to bring it about. In a second moment, it is discussed, based on "Measure for measure", by William Shakespeare's, how the interpretation of law can succumb to voluntarism, depending on the interest of the person in charge of assigning meanings to legal texts. Finally, the researcher tends to intuit, under the influence of the work “Dona Flor and her two husbands”, by Jorge Amado, that Literature can help to bring about the creative character of legal interpretation, as well as provide mechanisms of interpretative self-restraint of Law. To test this working hypothesis, was used, in the investigative stage the inductive approach method, since the analysis of specific literary works was adopted as a starting point to defend the character of innovation and to provide restrictions within the scope of interpretation of law in general. At the time of data analysis, the analytical method was used. The technique used in the aforementioned phases was the bibliographic. As a result, by way of conclusions, it was found that the literary prism applied to Law can lead to its adaptation to the social reality, therefore less artificial, as well as possibly bequeathing parameters of interpretive self-restraint.