C(h)rônicas de hermenêutica jurídica: um olhar crítico sobre o recrudescimento de neovelhos positivismos no Brasil

Abstract

This paper presents a transdisciplinary study on paradigms and hermeneutical parameters, intending to take a critical look at the upsurge of modern phenomena – here called new positivisms – involving debates inserted in the theme of interpretation/application of Law as supposed (re)action to self-titled movements as emancipatory and found on the street. The analysis touches on social criticisms of the (non) separation of powers and judicial activism, currently highlighted in the national scenario with the wide publicization of decisions – supposedly progressive and (anti) democratic – of the Brazilian Federal Supreme Court. In conclusion, it is understood that it is possible to reconcile contemporary hermeneutics with rational decisions, grounded beyond the conscience of the metamorphic figure “Child Interpreter” – proposed based on the book “Thus spoke Zarathustra”, by Friedrich Wilhelm Nietzsche. The chosen methodology was the analytical-deductive method, through bibliographic, doctrinal and normative research, having as relevant theoretical frameworks literary – like the chronicle written by Machado de Assis – and scientific productions that seek to define the (inter)relationship between knowledge and language from philosophical, linguistic and applied references to Law.