O percurso gerador de sentido e a interpretação concretizadora da norma jurídica: o plano S5

Abstract

The present study has as it object the plan of concretion as the last step of direction generator path of rule of law. Initially, the test is taking part of the assumptions of knowledge, with a brief analysis of the Theory of Objects, and respect of the Right as language. The theme of specialty, it needs to develop necessary features for examination, meaning enter in their own technical concepts of rule of law. In order to achieve, effectively, the details surrounding the matter, they have to transit the language levels that lead the interpreter to the conclusion of the legal command: starting with general aspects of Legal Philosophy, it goes to the General Theory Law, Science of Law and, finally, positive law. Known not be avoided the data of reality, it will pass to the examination of the concept of rule of law. Fixed such a definition, this work will focus on the Legal Hermeneutics and, from that point, the legal interpretation as the appropriate method, with solid bases in hermeneuticsanalytical and logical-semantic constructivism. The impartial judgment requires training unarmed spirit of prejudice and, therefore, the arguments provided by the legal method has relevance for consideration of the matter. From these premises, the analysis is made of the plans contained in the sense of generating path of rule of law, and related compared with the plan of concretion. If the result thus obtained is, in turn, correct, better tell the reader