INTERPRETAÇÃO DO DIREITO E OS DESAFIOS DA ATUAÇÃO JURISDICIONAL BRASILEIRA: QUAL O LUGAR DO JUDICIÁRIO?

Abstract

The present work seeks to understand the interpretation of the law and the rise of jurisdictional activity in the brazilian context, primarily after the promulgation of the Federal Constitution of 1988. For that, it starts from an analysis of constitutionalism afeter the Second World War and the increasing intervention of the Judiciary. In this way, an overview of philosophical hermeneutics and judicial discretion is outlined, taking into account the challenges encountered by the Judiciary on an occasion that occupies a leading role in its role as guarantor of fundamental rights. For that, bibliographical research was used, initially examining the rise of jurisdictional activity; later, philosophical hermeneutics and the activity of judges; and, finally, the role of the Judiciary and the challenges in implementing the Federal Constitution. It is concluded that building a decision-making rationality is essential to remove the subjectivity of the judge and establish the place of the Judiciary in the Brazilian context.