A aplicação da interpretação construtiva localizada no direito brasileiro sobre o tema Manifestações culturais vs Meio ambiente: tenuidades e plausividade

Abstract

The present research deals with the localized application of Dworkin's constructive interpretation in the Brazilian context on the theme: Cultural manifestations against an ecologically balanced environment, since the relevance of the theme is given by the multiculturalism of peoples in the country, as well as its relevance to the international scenario on the subject of environmental protection. For that, documentary and bibliographical research was used, as well as the theses in which Dworkin was opposed were explained so that he could then develop his thesis and apply it to the mentioned theme. Once applied, there were some nuances that undermine the applicability of the interpretation in the Brazilian context, especially as a result of the multiculturalism of the country's peoples with antagonistic social values, which would fall on the interpreter, even if he was the judge Hercules, being influenced to make different decisions depending on the moral conviction that was created. As well as, finally, the problem arising from the slowness of justice was briefly pointed out if the constructive interpretation were to have its institutionalized application.