A hermenêutica filosófica como possibilidade de controle da estandardização do direito: uma solução possível (salvamento) para as súmulas (comuns e vinculantes), repercussão geral e recursos repetitivos

Abstract

This study examines the conditions of the philosophical hermeneutic possibility for the control of the standardization of Law and a possible solution to the summaries (common and binding), general repercussion and recurrent appeal. For such, it investigates, firstly, the very form of standardization of Law, pointing out in that sense, evidences, contingencies and symptoms of this phenomenon, which has its uncovering, consubstantiate in the previous ideal of a homogenized legal world. Following, the second chapter points to findings and conclusions that are necessary in the face of the discursive conditioning resulting from the significants. In this respect, it promotes the analysis of summaries, general repercussion and recurrent appeal with the aim to identify to what and to whom those mechanisms serve, and if they are elements of standardization and prevention of access to justice, or reasonable /possible solutions to help the Brazilian legal system to flow more smoothly, it analyzes the social control exercised by the STF and STJ from the perspective of the ideological component of the significants. It also unties a reflection on the necessity of overcoming the myth of the given as a condition of possibility for the (re) introduction of the instance in the legal world, and it promotes an investigation in relation to the primacy of the discourse of the Other in the theorist common sense, its correlation with the current paradigm, its genesis, and it also highlights the need for change in the face of this phenomenon. In the final section of the work, from the justification of reason for the adoption of philosophical hermeneutics, the explicit role of the uncovering of the hermeneutic phenomenology and the importance of safeguarding the pre-understanding, tradition, consistency and integrity, it is suggested, as a condition of possibility for the control and standardization of the Law and the of hermeneutical redemption of the summaries, general repercussion and recurrent appeal, the application of the theory built by Lenio Luiz Streck, whose assumptions is minimum is and degree of objectification comprehensive.