A hermenêutica filosófica de Hans-George Gadamer e a (in)constitucionalidade do Código Florestal

Abstract

The presente article goes thrugh two knowledge areas: the Social and Juridical Sciences and Philosophy. The purpose is the analyzes of the Brazilian Forest Code and its respectives Actions of Unconstitutionality through the optics Hans-Georg Gadamer’s Hermeuneutics Philosophy. In Gadamer’s Philosophy, the theoretical approach envolves the author’s main philosophycal perspective as well as the research that where made by analyzing his principles. In dealing with the Forest Code, the scenario and the political processes that culminated in the amendment of the Law will be analyzed, as well as the counterpoints exposed in the Direct Actions of Unconstitutionality proposed to the STF. The main changes will be identified, and under what factors the changes have interfered in the environment. It seeks to identify the existing conflict between the new legislation and the Brazilian environmental reality. Thus, we proceed to analyze the direct actions of unconstitutionality (ADIn), proposed in face of said legislation, pointing out the implications of the norm. The method used is the hermeneutic. We conclude that environmental problems are multiplying every day, and law as a dynamic discipline can not maintain a stagnant, dogmatic-based stance that no longer responds to social demands. Thus, philosophical hermeneutics is in charge of the role of helping the Social and Juridical Sciences, to modify itself and to allow the birth of new environmental knowledge (sic).