EPISTEMOLOGICAL CONSTRAINT AND THE IMPLICATIONS OF A CRISIS IN THE RIGHT TO LIGHT BY LEEV TOLSTOY

Abstract

The proposed review has as its theme the epistemological constraint, given to a hermeneutic crisis in the Brazilian legal system, to be analyzed from the narrative The death of Ivan Ilicht, by Leo Tolstoy, using the theoretical and methodological apparatus of law in literature, proposed by Professor Henriete Karam (2017). Therefore, the theoretical assumptions of the current of Law in the literature will be explained; Relevant aspects of the work A morte de Ivan Ilicht are presented that relate to the need for an epistemological constraint in law, given its hindrance as to its enunciation, both in the courts and in law manuals, in order to identify how this hermeneutic crisis is discussed in the work, and the theoretical formulations of Lenio Streck and Ronald Dworkin are examined, in which they bring relevant theoretical assumptions to the theme. It is concluded that an epistemological constraint is necessary, as the law is increasingly cut into slices, both by judges and manuals that still commonly bring figures such as Caio and Tício to tell a theory of law.