The legal system as a problem of life and the limits to judicial discretion: Key aspects of the hermeneutics of dignity

Authors

  • Carlos Alberto Simões de Tomaz Universidade de Itaúna
  • Carla Ribeiro Volpini Silva Universidade de Itaúna

DOI:

https://doi.org/10.4013/rechtd.2016.82.06

Abstract

The present article analyses the relation between the juridical order and hermeneutics with the intent to conceive juridical order not only under an ontological perspective, but, beyond it, to consider it from connections of unveiled meaning under the influence of historical-effectual consciousness providing, in the moment of applicatio, contextualized legal decisions, because established from the facticity, everydayness, temporality and spatiality, that imposes limits to judicial discretionary, avoiding arbitrariness and decisionism. Based on these ideas, the article believes on the construction of hermeneutics focused on the dignity of human being.

Keywords: hermeneutics, judicial discretion, human rights.

Author Biographies

Carlos Alberto Simões de Tomaz, Universidade de Itaúna

Professor do Programa de Pós-Graduação em Direito da Universidade de Itaúna

Carla Ribeiro Volpini Silva, Universidade de Itaúna

Professora do Programa de Pós-Graduação em Direito da Universidade de Itaúna

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Published

2016-06-09

Issue

Vol. 8 No. 2 (2016): May/August

Section

Articles

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