A interpretação das normas de direito no âmbito judicial após o advento da Lei nº 13.655/18 (LINDB)

Abstract

This monograph presents an analysis of the interpretation of norms in Brazilian law by the Judiciary, when rendering jurisdiction. The first chapter examines the history of the Philosophy of Law, in order to contextualize the theme. The second chapter presents the concept of neoconstitutionalism and its relations with interpretation techniques in light of the 1988 Federal Constitution. In the third chapter, the changes brought about by the advent of Law no. 13.655/18 (LINDB) and its consequences are analyzed, concluding that the legal security brought about by the new legislation, added to neoconstitutionalism, constitutes a great advance in the scope of legal hermeneutics. Given the scarcity of discussion, in the academic environment, about the flexibility or rigidity of the sources of law, the need to produce this research is justified. With this monograph, it is also intended to foster discussion on the theme in the academic environment, stimulating research on the sources of law and motivation of judicial decisions. Furthermore, it is hoped that this work will serve as an instrument for the future operator of the law, who, by understanding under which prisms the judgments handed down by the Judiciary should be based, will militate against any subjectivism and other abuses.