O juiz e o regente

Abstract

The present study proposes to debate the polyphony construct, in the Bakhtinian ethico aesthetic perspective, in dialogue with the approaches of juridical hermeneutics – of Heideggerian and Gadamerian matrix (Hermeneutic Critique of Law) –, bearing in mind the possibilities and limits of judicial interpretation and the importance of the implementation of a pluralistic and democratic judicial process, guaranteeing those involved a voice. It seeks, therefore, to think in what way the polyphonic Justice would contemplate the space to the diversity and difference, in consonance with the purposes of the Brazilian Constitution of 1988 and with the paradigm of intersubjectivity. The methodological approach that underpinned the pursuit and achievement of the objectives was phenomenological-hermeneutic, without neglecting, however, the dialogical approach. The findings point to the construct of the model of the conducting-judge, crowning the polyphonic judicial process, whose procedural and substantial conditions are in accordance with the structure and functioning of legal institutions and whose ontological presuppositions find shelter in the Brazilian legal system.