HERMENEUTICS CHALLENGES: AD INTRA/ AD EXTRA MEANING

• Main Author: José Calvo Gonzales
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2016-08-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: hermenêutica. interpretação jurídica. ad extra. ad intra.
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/23727

The article deals with the difference between the interpretation ad intra and ad extra of the normative prepositions. While the ad intra interpretation has strict sense, linked to the Theory of legal interpretation of Hans Kelsen, the use of ad extra meaning allows the solution of the problem of the called "gaps in the law", because this interpretation is not limited to the strict linearity of the Word, by linking the norms to the specific case. The modern legal thought held in positivist Theory of law. Today, it’s in ruins and is incompatible with the new society and the new rights and, to adapt the legal system to new contexts and current conflicts, it is necessary to use the hermeneutic interpretation to enlarge the meaning of the rules. The work aims to show the true spirit of the rules has a superiority about everything that is purely science, purely technical, purely word.