A racionalidade positivista e a interpretação negada: uma análise necessária sobre a atual crise da jurisdição

Abstract

The present article aims to discuss the crisis of the Judiciary, focusing on two main strands: (a) the transformation of the judge role especially after the Constitutional Amendment 45 and the binding abridgements implementation; (b) and the legal culture current paradigm confronted with the legal positivism deficiencies which results in the need of a hermeneutic interpretation of legal text. In addition, the difficulties of narrating the procedural facts and generating, consequently, an appropriate interpretation also will be the object of this study. Key words: jurisdiction, hermeneutics, abridgement, positivism.