As Dimensões da Personalidade e a Analítica Existencial: a Estrutura Prévia da Compreensão do Ordenamento Jurídico
The Constitution of 1988 represents a change of paradigm in the Brazilian law. From this change of model, it is necessary to investigate the performance of duty, from the protection of the dignity of the person. Th e Right aligned the philosophical hermeneutics is therefore a bias pro...
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| Format: | Article |
| Language: | English |
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Centro Universitário de Valença
2009-12-01
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| Series: | Revista Interdisciplinar de Direito |
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| Online Access: | http://revistas.faa.edu.br/index.php/FDV/article/view/20/10 |
| Summary: | The Constitution of 1988 represents a change of paradigm in the Brazilian law. From this change of model, it is necessary to investigate the performance of duty, from the protection of the dignity of the person. Th e Right aligned the philosophical hermeneutics is therefore a bias processor. Hence the need to understand the law from being-in-the-world (In-der-Welt-Sein). Th e legal thought can not be designed from a predominantly caused by the limits of reason and built with the power of abstract ratio-nality. It is in this sense that, given the striking ineff ectiveness of classical hermeneutics, methodological in your origin, it is necessary to construct a theoretical strength that point to the construction of the conditions of possibility of understanding the law, as a way of being-in-the-world. |
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| ISSN: | 1518-8167 2447-4290 |