O interpretativismo de Ronald Dworkin aplicado no sistema jurídico penal brasileiro: uma análise da ADO n.º 26 (a criminalização da homotransfobia)

Abstract

This dissertation examines the feasibility and the theoretical and practical implications of applying Ronald Dworkin?s interpretivism to Brazilian Criminal Justice System. The study stems from a critical diagnosis of the foundational crisis in contemporary criminal jurisdiction, marked by the lack of a unified macro-interpretative theory, which fosters judicial solipsism, legal uncertainty, and dissonance in legislative applicability. Utilizing a qualitative methodology with a theoretical-dogmatic and hermeneutic-analytical approach, the research proposes that the "Law as Integrity" model and the pursuit of the "one right answer" serve as bulwarks against strong judicial discretion, requiring the judge to act as a guardian of institutional coherence and the Law?s "chain novel". The central analysis focuses on the ADO n.º 26 hard case, offering a Dworkinian reading of the judgment and demonstrating how conceptual and constructive interpretation allowed the Supreme Federal Court to treat racism in its social dimension, reaffirming fundamental rights as "trumps" against political and utilitarian majorities. It concludes that Dworkinian interpretivism, by aligning with the technique of "interpretation in accordance with the Constitution," offers a superior analytical framework for mitigating judicial arbitrariness, thus solidifying criminal procedure as a truly democratic instrument for preserving liberty and human dignity within the Brazilian criminal system. [resumo fornecido pelo autor]