Ideologies and law interpretation: elements to understand the Brazilian amnesty law

Authors

  • Adriano Portella de Amorim Centro Universitário de Brasília (UniCeub) e Faculdades Integradas Icesp-Promove de Brasília.

DOI:

https://doi.org/10.18316/redes.v7i1.3837

Keywords:

Ideologies, Political Power, Amnesty Law.

Abstract

This paper aims to raise questions about how ideologies are present in the political preparation of legal rules and, therefore, the legal interpretation which, in turn, is not immune to its effects. It is appropriate to subject the need for continued caution in interpreting and implementation of legal norms, so that, even if it is not possible to fully dispel the ideological nuances of legal rules, even with the adoption of scientific criteria, can the interpreter do more considered choice to apply the rule with justice, that is to say the right to provide legal certainty and give an end to the institutional conflict of interest. Methodologically, the theoretical contributions of authors chosen in an attempt to point out that the democratization of Brazil and the strengthening of its institutions not exempt the ideological aspect of the legal standards were used, leaving the interpreter proper balance between facts, arguments and rules for building fair decisions, balanced and they do not contravene the principles of the Brazilian legal system. Finally, we intend to present a brief methodological roadmap for further study of how ideologies influence the legal interpretation, especially in the case of discussions on the revision of the Brazilian Amnesty Law.

Author Biography

Adriano Portella de Amorim, Centro Universitário de Brasília (UniCeub) e Faculdades Integradas Icesp-Promove de Brasília.

Doutorando e Mestre em Direito pelo Centro Universitário de Brasília (UniCeub) e Especialista em Direito Processual Civil pelo UniCeub, onde participa do Grupo de Estudos Lei e Sociedade. Professor do Curso de Direito das Faculdades Integradas Icesp-Promove de Brasília, onde lidera o Grupo de Pesquisa Direitos Fundamentais e Políticas Públicas.

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Published

2019-02-20

Issue

Vol. 7 No. 1 (2019)

Section

Articles

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