The role of the judge and hermeneut partially positive

Abstract

The article describes the dynamic work of the legal operators, especially the interpreter judge considering the hermeneutic circle and the expansion of pre-designed way the normative text to culminate in the reconstruction of the standard. Points to the partially positive judge as the protagonist of this scenario reconstruction of senses, primarily as a concretizing of the Republic objectives enshrined in the Federal Constitution. Analyzes the instructive powers of the judge as a legitimate means provided by the order for performance of the partially positive judge and ensuring the contradictory and the duty of the reasons for decisions as limiting this reconstructive operations.

Keywords

• Hermenêutica Jurídica. Imparcialidade. Parcialidade Positiva