PHILOSOPHICAL HERMENEUTICS (GADAMER) AND LEGAL HERMENEUTICS

Abstract

This article investigates the possible contributions of the philosophical hermeneutics of Hans-Georg Gadamer to the improvement of legal hermeneutics, based on the assumption that every interpretation of law is grounded on underlying philosophical premises. The study is situated within the context of legal interpretation in a Democratic State governed by the rule of law, understood as a practical activity developed in a polycentric and participatory environment, in which adversarial proceedings and dialogue play a central role in the legitimate construction of legal meaning. The research aims to present the main concepts of Gadamerian philosophical hermeneutics and to establish a dialogue between philosophical and legal hermeneutics, examining how hermeneutic consciousness may contribute to a more adequate understanding of law and to the foundation of a democratic procedural model. Methodologically, the study is classified as qualitative research, developed through bibliographic review, with exploratory and explanatory purposes, and guided by a hermeneutic approach. The findings indicate that there is no separation between understanding, interpretation, and application, since historicity, language, and tradition are constitutive elements of legal interpretation. Interpretation is understood as the attribution of meaning constructed dialogically through the interaction between legal text and concrete reality. The study concludes that philosophical hermeneutics constitutes a condition of possibility for legal hermeneutics, reinforcing the need for democratic procedures grounded in substantive adversarial proceedings, the prohibition of surprise decisions, structured judicial reasoning, and the integrity and coherence of law. Therefore, an adequate legal interpretation depends on the harmony between text, reality, the Constitution, and the democratic participation of procedural subjects.