A importância da argumentação jurídica e interdisciplinaridade para o estudo do Direito

Abstract

It starts from the assumption that Law is a text reflected in laws, in a complex semantics of dialogues, the result of human relationships, whose conversation with all the disciplines that surround it form the textuality of humanities in which the student, a future jurist, operator in this fabric, must be able from a humanist training, far beyond a legalistic jurist, who is able to intervene and contribute to the improvement of pre-legal and legal solutions in the face of social conflicts. The legal scholar needs to learn the art of legal argumentation, to use it well from academic and professional training, in a dialogic way, using the textual tools, specific and appropriate for this purpose, in addition to those that consist only of the laws. Only then, in the future, in the exercise of his profession, regardless of the role he will play in the legal environment, directly or indirectly, will he be able to properly undertake his tasks in the field of Law. In this way, these textual practices, typical of the art of argumentation, are suitable for the translation of laws as a legal text. This will be done through the correct use of textual interpretation techniques, as well as the sources of law. Therefore, the text of the Law is adequate and adjusted to the new demands, according to the specific case. As a general objective, it starts from the context that, knowing that the question to be solved, as a rule, is immersed in an interdisciplinary textuality that surrounds or from which the problem itself to be legally solved emerges, its specific object is to detect the specific case in this immersion, for analysis of the legal fact and translation via argument that these two aspects - interdisciplinarity and legal argumentation -, deserve to be highlighted, using the bibliographic review related to the theme, which we will try to address in this scientific article.

Keywords: legal argumentation; interdisciplinarity; post-positivism; introduction to the study of law; legal hermeneutics.