Dos limites à interpretação jurídica: reflexões acerca do percurso gerativo de sentido no constructivismo lógico-semântico

Abstract

From the movement called "linguistic turn", which re-signified the foundations of modern philosophy, it emphasizes the language as creator of realities, not merely as a descriptor of natural and social phenomena. It is a turnaround in the fundamentals of philosophy and therefore the way the man reflects reality. From such a move, the language goes, the object of philosophical reflection for the "sphere of fundamentals" of all thinking, and philosophy of language raises the claim to be the first philosophy, up to the level of critical awareness days current. Based on this paradigm shift, it is built the school of logical-semantic Constructivism, from the doctrine of Lourival Vilanova and Paulo de Barros Carvalho. This school has, as one of the pillars, the kelsenian positivism, which has proposed a "frame" interpretive. Then Carvalho designed the generative course of meaning, that its complex structure and establishing a preview of intriguing mental operation of interpretation. In this context, it proposes a dimensional structure to the path model, expanding the idea plans, and redesigning the structure, from a connection with models of modern physics. It is understood that the proposal dimensional structure reflects more deeply the idealization of Paulo de Barros Carvalho, in consideration of the primates of the general Theory of Law, Theory of knowledge and Neuroscience. We conclude, therefore, that the idealization of the interpretation model of logical-semantic Constructivism can be qualitatively expanded from the use of multidimensional space.