LEGAL HERMENEUTICS: THE SOLUTION FOR “HARD CASES”

Abstract

This work aims to explore the field of legal hermeneutics, analyzing its importance and application in the interpretation of the norms of the Brazilian legal system. Legal hermeneutics is essential for the understanding and application of law, which advances and develops every day. In this way, this interpretative method is applied in order to serve as a facilitating bridge between the letter of the law and practical reality, between the legislator's thinking at the time of drafting the law and the present moment. Furthermore, its extreme importance is highlighted in the solution of highly complex contemporary concrete cases – known as “hard cases” – which require the law practitioner to have skill and knowledge far beyond the mere grammatical interpretation of the legal text, of a simple syllogism, based on basic premises and a simple conclusion, but the use of various legal tools of contemporary hermeneutics and its modern methods to resolve the case. Still in this vein, Legal Hermeneutics does not offer ready-made answers, but rather tools for interpreting laws. In "hard cases", the combination of interpretative methods, the application of legal principles and the analysis of precedents allows the interpreter to reach a fair and equitable solution, respecting the complexity and dynamics of law and society. the continued importance of hermeneutics in law and the need for a well-prepared legal interpreter to face the challenges of "hard cases", contributing to a fairer and more effective legal system.