Hermeneutics subjects: Individualization of the Feather

Abstract

The theory of the interpretation has been placing two essential subjects: - the inquiry on the objectives of the juridical interpretation; - the inquiry on the methods (process and rules); if not checking larger meaning here to the relative subject to the participants' of the interpretation problem, subject that, it accomplishes to point out, it provokes the praxis in general. Häberle writes down, that juridical norm doesn't exist, or else interpreted juridical norm. Who lives the norm ends for interpreting her. Citizens, state organs, the public system, the jurisprudence, the public opinion (...) they represent productive forces of interpretation. The judicial vinculation to the law and the judges' personal and functional independence cannot pilfer the fact that the judge interprets and that the praxis acts here in the legitimation of the theory. It is, therefore, thanks to the work adjustment hermeneutic between norms and facts - task in that they are founded, necessary and inseparably, the interpretation and application of the juridical models -, that puts in movement the paper of the reducer agent of the distance between the generality of the norm and the singularity of the concrete case.