Aportes da crítica hermenêutica do direito para uma leitura não solipsista do direito estrangeiro em uma perspectiva culturalista

Abstract

The article presents the culturalist theory of Legrand (2017; 2018) about the interpretation of foreign law, affiliated to a critical theory of comparative law, opposed to the positivist theory with a functionalist methodology, which defends an objectivist interpretation and the identification of similarities between the legal systems. It demonstrates that, at the same time, culturalist theory is also concerned with a non-subjectivist interpretation and supports the importance of a hermeneutic interpretation, in the same way as the Hermeneutic Criticism of Law. The research problem concerns the contributions of this theory, with the culturalist theory, to a non-objectivist/subjectivist interpretation of its object, based on the hypothesis that it offers contributions to a non-solipsistic interpretation of foreign law, considering the overcoming of the subject-object scheme. The research employs theoretical-descriptive methodology and concludes that the Hermeneutic Criticism of Law contributes with concepts and “method” to the culturalist comparative theory.