LAW AND PHILOSOPHICAL PERSPECTIVES IN THE CONSTRUCTION OF LEGAL HERMENEUTICS Marco Antonio Barbosa de Freitas
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Abstract
The article covers the law and its application in concrete cases, bringing up the influence of philosophy in Hermeneutics. To do so, establishes the dichotomy between the law, Morals, ethics and Justice, establishing them as vectors of interpretation of the rule of law. Talks, for a better understanding of the context, about the basic assumptions of the philosophy of right to, go ahead, focus on the influence of this discipline in the process of hermeneutic interpretation. Presents a brief parallel between the conceptions based on Three-dimensional Theory of positivism of law and Kelsen, punctuating the demarcation separating each line. Finally, in the light of the grounds of hermeneutics presents the discussion about the search for meaning and scope of the legal rule to interpret the law.