A ênfase metodológica na teoria do direito: as vantagens do interpretativismo de Dworkin

Abstract

This article is part of the methodological debate in the Jurisprudence. In this way, it adds to discussions that remain feverish since the famous “Hart-Dworkin debate”, responsible for causing the so-called “methodological turn” in legal theory. The objective is to explore the potential of Dworkin's interpretivism, bringing out its advantages. In this context, the investigation has a theoretical character, making use of bibliographic research technique and aiming at a qualitative approach to the theoretical perspectives under analysis. By way of hypothesis, three advantages are suggested: methodological, theoretical and political. Methodologically, the interpretive posture fits the Law, that is, it conforms to the legal practice. From a theoretical point of view, such a stance favors the “rehabilitation” of rival theories, which can be remodeled into interpretive versions to compete as substantive theories about law. In turn, the advantageously political aspect is observed in order to illuminate particular topics, typical of other branches of law, contributing to the improvement of legal practice and the solution of concrete cases ― essentially, an approximation between theory and praxis. Upon reflection on the contours of legal practice, in parallel with the presentation of notions present in Dworkin's work, it is concluded that interpretivism stands out as an adequate and valuable legal theory.