Hermeneutics and jurisprudence: The control of judicial decisions and the Copernican revolution in Brazilian procedural law

Authors

  • André Karam Trindade PPGD/IMED

DOI:

https://doi.org/10.4013/rechtd.2015.73.04

Abstract

This article aims at analyzing the Copernican Revolution that took place when the new Brazilian Code of Civil Procedure was implemented and eliminated the free conviction of the judge, delimitated the elements of a valid basis (art. 489, §1º) and, above all, required the courts to maintain stable, consistent and fair jurisprudence (arts. 926 and 927). For that purpose, this paper presents studies of the parameters that were incorporated in the Brazilian law according to concepts from the Judicial Decision Theory as advocated by the Critical Hermeneutics of Law. Ronald Dworkin’s Law Theory and the overcoming of Holmes’ Pragmatism are also taken into consideration, since they are basic for the late Brazilian Realism. As an allusion to the title of a renowned work of Eros Grau, this paper presents, lastly, decision control as an important achievement for Brazilian doctrine as a means of developing a more democratic law system.

Keywords: hermeneutics, jurisprudence, integrity

Author Biography

André Karam Trindade, PPGD/IMED

Doutor em Teoria e Filosofia do Direito (Roma Tre/Itália). Mestre em Direito Público (Unisinos). Professor do Programa de Pós-Graduação em Direito da IMED. Coordenador do KATHÁRSIS – Centro de Estudos em Direito e Literatura da IMED. Membro Fundador e Presidente da Rede Brasileira Direito e Literatura (RDL). Advogado. E-mail: andre.karam@imed.edu.br

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Published

2015-08-12

Issue

Vol. 7 No. 3 (2015): Setembro/Dezembro

Section

Articles

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