Crítica Hermenêutica do Direito: Do quadro referencial teórico à articulação de uma posição filosófica sobre o Direito

Abstract

This article presents the philosophical bases of the Hermeneutic Criticism of Law, formulated by Lenio Streck. In order to do so, it uses the concepts of theoretical referential framework and of philosophical paradigm. It then offers a bibliographical review of the thinkers who, to a certain extent, founded the philosophical paradigm in which the Hermeneutic Criticism of Law is developed: Martin Heidegger and Hans-Georg Gadamer. Finally, it identifies some of the last developments of the Hermeneutic Criticism of Law, understood not as a traditional epistemology, or even a philosophy of the sciences, but as a hermeneutic epistemology.