A (In)compatibilidade do processo judicial eleitoral com os novos paradigmas da decisão judicial no processo civil brasileiro: reconstruindo a interpretação teleológica na jurisprudência eleitoralista à luz da integridade e da coerência

Abstract

The research uses the phenomenological-hermeneutic method of Martin Heidegger and built an interpretative tool that serves the electoral judicial process in order to lend greater legal security to judicial decisions of the Electoral Justice. It reconstructs the epistemological foundations of the judicial decision, passing through the schools of juridical interpretation and analyzing the teleological interpretation, the ontologicallinguistic turnaround and the Critical Hermeneutics of the Law, as well as the new paradigm of the judicial decision in the civil process and its applicability in the election campaign. It analyzes the state of the art of the judicial decision in the Electoral Court, seeking to establish the premise that there is no interpretive standard in decisions entangled in a consequentialist bias, based on decisions that are part of the daily routine of the brazilian Supreme Court and the Superiro Electoral Court. It builds the idea of a hermeneutic model, called in this hermeneutic script, for the Electoral Justice, along the lines proposed by the Critical Hermeneutics of Law, in line with the Democratic State of Law, capable of offering, also in this election season, a constitutionally adequate response to issues that are submitted to the Electoral Court in judicial proceedings, of the civil litigation electoral contentious. It is based on the premise that some provisions of the current electoral legislation have served as a barrier to the new paradigms of civil procedural science, brought by the Code of Civil Procedure of 2015, to be respected by electoral jurisprudence and from this establishes the way in which decisions judicial systems attached to interpretative methods created in the 19th century (such as the Teleological Interpretation) has been proliferating in the Electoral Court. It proposes to overcome the reality found in electoral jurisprudence by developing the original connections between the Judicial Decision Theory, the teleological justifications and the Electoral Judicial Process, mainly for creating a compatible Hermeneutic Script proposal adequate to Judicial Decision Theory defended by Lenio Streck, so that one can arrive at answers aligned to the Federal Constitution, so as to propose a new look on the Teleological Interpretation, defending its re-signification for its use is given in a respectful way to the Brazilian constitutional environment. It establishes the foundation of these ideas in the surroundings of the hermeneutic models, above all of Philosophical Hermeneutics, which is revisited not only to problematize but also to point out new directions, based on the Hermeneutic Critique of Law. It faces emblematic judicial 9 decisions of the Superior Courts identifying them as demonstrations of nonacceptance of advances in civil procedural science and concludes that the use of the hermeneutic script will help the interpreter to give greater scientific density and constitutional adequacy to judicial decisions of the Electoral Court.