Gadamer, Habermas e a interpretação jurídica: intersecções necessárias

Abstract

The hermeneutic theory was a deep improvement with the theoretical framework provided by Hans-Georg Gadamer, who consolidated hermeneutics as a philosophy rather than as an art or as a science. Habermas conducted harsh criticisms of philosophical hermeneutics, in particular regarding the universality of language and the focus on the tradition. These German authors established a long dialogue that encouraged the deepening of philosophical hermeneutics, clarifying the immanent critical possibility as well as demonstrating its reflexive character. In the field of legal interpretation, the debate set brings indispensable contributions to the understanding and application of legal standards, providing critiques of legal positivism and promoting judicial action anchored in reality.