The STF'S Decision in Hc Judgment No. 154.248/DF: Disagreements in Law and Constructive Interpretation From Dworkin's Perspective

• Published in: RGSA : Revista de Gestão Social e Ambiental 2024-07, Vol.18 (2), p.e07825
• Main Authors: Cruz, Rômulo Lago e, Bedê Júnior, Américo
• Format: Article
• Language: English
• ISSN: 1981-982X; 1981-982X
• DOI: 10.24857/rgsa.v18n2-175

Objective: The objective of this study is to investigate the STF's decision in the judgment of HC no. 154.248/DF, with the aim of understanding disagreements in law and the application of constructive interpretation from the perspective of Ronald Dworkin.   Theoretical Framework: In this topic, the main concepts and theories that underpin the research are presented. Ronald Dworkin's theories of interpretation of law, the idea of ​​integrity in law and the theory of interpretative disagreements stand out, providing a solid basis for understanding the context of the investigation.   Method: The methodology adopted for this research comprises a qualitative approach, using documentary analysis of court decisions and a bibliographic review of Dworkin's works. Data collection was carried out through the analysis of votes from STF ministers and specialized legal literature.   Results and Discussion: The results obtained revealed a diversity of interpretations among the STF ministers in the judgment of HC no. 154.248/DF, highlighting the different understandings of constitutional principles and fundamental rights. In the discussion section, these results are contextualized in light of Dworkin's theoretical framework, highlighting the implications of the theory of constructive interpretation and the challenges faced by courts in maintaining the integrity of the law. Possible discrepancies and limitations of the study are also considered in this section.   Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of constitutional law and jurisprudence. These implications may encompass the training of jurists, judicial practice and legal theory.   Originality/Value: This study contributes to the literature by approaching the STF decision from the perspective of Ronald Dworkin's theory, offering an innovative analysis of constructive interpretation and disagreements in law. The relevance and value of this research are evidenced by its ability to deepen understanding of the practical application of Dworkin's theories in complex judicial decisions.