Essay on State Lawyers

HARD CASES Y LA HERMENÉUTICA GADAMERIANA

Abstract

Although the constitutional and institutional ties of the agents of the State Law Enforce certain hermeneutic limits for the understanding of what the public interest is, this exercise is not so simple when it comes to the aforementioned hard cases, situations put to the Justice that do not have a direct solution determined by the application of the law or jurisprudence. To the extent that the State Attorney has a constitutional role and must seek the primary public interest before the secondary public interest, this essay discusses whether Hans-Georg Gadamer's hermeneutics can offer an important and interesting apparatus to provide a criterion reasonable, historical, constitutional and jushumanista of the question. The article discusses this issue starting from the complex notion of public interest in the Brazilian Constitution and its meaning in the context of difficult cases. Gadamer's hermeneutics is spoken of as a good way to help State Attorneys deal with this difficult issue.