ECONOMIC CONSTITUTIONAL LAW AND HERMENEUTICAL LINK
DOI:
https://doi.org/10.22456/2317-8558.135178Abstract
With the aim of examining the integration between Law, Economics and the discrepancy that emerges from this connection: the presence of distinct evolutionary periods, modern public management is evaluated, which overcomes the vertical rigidity of public administration, advancing towards a management built by consensus, and examines a concrete case decided by the Federal Supreme Court (the constitutional restriction of interest, article 192, paragraph 3, of the Brazilian Constitution), evidence of how the adoption of doctrines of interpretation and application of the Law are influenced by conceptions ideological and economic. This new degree of discretionary competence is very much related to the use of open or undetermined terms in positive law texts, this flexibility brings greater responsibility to the interpreter-judge. Anchored in the deductive method, it appears from this responsibility a hermeneutic link imposed on the interpreter-judge before a political-legal directive established in the national legal system, which is why Ferrajoli's guarantee is tended as a route, in principle, more appropriate to the Brazilian interpreter.
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