A LINGUAGEM COMO CONDIÇÃO DE POSSIBILIDADE PARA A COMPREENSÃO DOS FUNDAMENTOS CONSTITUCIONAIS DO CÓDIGO DE PROCESSO CIVIL/2015: DA FILOSOFIA DA CONSCIÊNCIA À FILOSOFIA HERMENÊUTICA NO PROCESSO
DOI:
https://doi.org/10.22171/rej.v26i43.3471Abstract
This papper aims to investigate the new foundations of the 2015 Code of Civil Procedure, as Law 13.105/2015 was innovative in expressing the obligation to observe the principle guidelines of the Federal Constitution of 1988 and how, to In such an understanding, the hermeneutic focus must be shifted from a philosophy of consciousness, which still dominates procedural thinking, to a philosophy of language included in the process. Thus, through the hermeneutic-critical methodology, we seek to answer the problem of how hermeneutics can help to build a philosophy in the process so that the 2015 CPC can be interpreted and applied in accordance with constitutional principles consistent with the State Democratic Law. Thus, with the use of a theoretical hermeneutics matrix and through the method of historical and monographic procedure, it is concluded that hermeneutics is essential for the construction of new directions for the civil process because it recognizes that language is not just an instrument , but rather a condition of possibility to insert the practical world into the process, which makes it possible to overcome the subject-object scheme and enables the achievement of the constitutionally correct answer, as is the objective of the 2015 CPC.
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