Hermenêutica jurídica: caminhos para resolução de casos complexos no direito ambiental

Abstract

The reflections in this study investigates the origins and conceptions of contemporary legal hermeneutics, especially its understanding and application in recent decades, as well as its applicability in the legal system. The article has as its background the application of philosophical hermeneutics in the scope of environmental law and is based on the following hypothesis: with the complexity of emerging problems in society of risk and the growing number of sources of law surrounded by environmental themes, the legal hermeneutics is faced with the need for dialogue with other areas of knowledge, being essential to improve its interpretive potential and broaden the horizon of meaning, in order to work with themes whose concepts emerge from other scientific fields. The analysis is organized into three coordinated parts: a) it deals with the understanding of emerging hermeneutic currents; b) reflects the need for a legal hermeneutics that includes environmental law c) proposes the need for this interdisciplinary dialogue. An alert is presented in order to guide those who are concerned with defending the effectiveness of environmental legal norms, it presents a path to emerging conflicts. The article is the result of a bibliographical research, based on the review of literature related to the themes addressed, using, for that, the dialectical method.