A palavra na interpretação da infância: uma análise do legado hermenêutico a partir da constituição federal

Abstract

Interpreting and applying law to children and adolescents present challenges that reach not only the hermeneutic-instrumental plan, but also the symbolic one. The word links, translates, snatches and is through it that the application and understanding of law happens within a dynamic and contradictory social field. The general objective of this article is to investigate how the transformation of the irregular situation doctrine to the whole protection doctrine, through the Constitution of 1988, caused modifications in the way of interpreting rights for children and adolescents. The article also analyzes briefly how the idea of childhood was built, performing a semantic analysis of the rights it evokes. A qualitative study will be made to verify the impact of constitucional hermeneutics in the consecration and in the alleged significant leaps on the Brazilian endeavor of integral protection of children and adolescents. It is, therefore, a transdisciplinary study that brings together the knowledge of communication, semiotics and constitutional hermeneutics to analyze the paradigm changes in the construction of the rights of children and adolescents.