O papel da intenção legislativa na interpretação jurídica.

Abstract

This dissertation seeks to present a contribution to the theory of legal interpretation through the analysis of the possible role of the legislator’s intention in the construction of normative meaning. To fulfill this aim, there shall be the presentation of basic notions of normativity, language, in both its semantic and pragmatic dimensions, and intentionality, including, particularly, the notion of communicative intent, whose direct use in interpretation shall be conditioned to the verification of certain presuppositions. These notions shall be developed mostly with basis on the analytic philosophy of Gilbert Ryle, Paul Grice and Robert Brandom, to move onto an analysis of the major theories about collective intentions and to the discussion of legislative intent as an institutionally formed type of intention, including its possibilities of constitution, discovery and use in legal interpretation, which will be defended with basis on the principle of separation of powers and other fundaments of the Democratic State of Law. Finally, the theory developed shall be put to practice through a series of brief case studies to better demonstrate how the ideas presented can potentially be applied by legal officials and lawyers.