A polifonia narrativa do direito como critério hermenêutico

Abstract

Inserted at the intersection of Law and Literature with legal hermeneutics, the article assumed, as its main objective, the examination of the possibility of characterizing narrative polyphony as a hermeneutic criterion integrated in the communicative chain of production and interpretation-application of Law. As a particular objective, the research focused on the formulation and structuring of parameters for the identification and operation of polyphonic legal narratives, to enable the future development of research based on the application of these elements. As the main theoretical matrix, the structuring theory of law was adopted, from the perspective of the methodical concretism formulated by Friedrich Müller. Supported by resources from Law as Literature, the methodological itinerary included: firstly, the description of the concept of polyphony as a linguistic and literary category and, by induction, its analysis in the context of legal narratives; then, the approximation between polyphonic narratives and the hermeneutic process, with an analysis of the possibilities of identifying polyphonic narratives in the discourses of elaboration and interpretation-application of Law, accompanied by the development of parameters for the application of the concept of narrative polyphony in the hermeneutic process. It was concluded that the concept of narrative polyphony in the strict sense can enter the hermeneutic process and act as a criterion; the parameters presented in the article make it possible to carry out diverse application research.