A metaciência hermenêutica de Emilio Betti na interpretação jurídica brasileira: uma breve reflexão sobre a ação direta de inconstitucionalidade n. 4903/2013

Abstract

The present study aims to analyze the contributions of hermeneutic metascience of the jurist Emilio Betti to the Brazilian legal interpretation, based on the decision of the Supreme Federal Court of Direct Action of Unconstitutionality No. 4903/2013. Therefore, the theoretical incursion will use the bases and conceptual premises of Emilio Betti to understand the forms and methodologies for the application of hermeneutics, discussing the objectivity of the act of interpreting in the triadic character of the author to achieve the understanding and resolution of judicial cases. As a methodology of the proposal, the study will use a bibliographic analysis, with a critical-reflexive approach from hermeneutics cults and the theory of the norm that reflected on The Contributions of Emilio Betti to the legal interpretation. In addition, the research will also make a documentary analysis of the decision of the Brazilian Superior Court in the judgment of Direct Action of Unconstitutionality No. 4903/2013, in order to verify the jurisprudential applicability of Emilio Betti's hermeneutics in Brazilian law.