DECOLONIAL CRITIC AND HERMENEUTIC RESSIGNIFICATION SINCE THE CONTEMPORARY CONSTITUCIONALISM
Abstract
The present paper is a reflection about the factors related to the emergence of the decolonial critical thought, particularly in Brazilian law, from the second half of the XX century and its impacts on the field of juridic hermeneutics. The entry into the scene of the so-called decolonial critic gains relevance when, due to the political unprecedentness of brazilian constitutionalism that implemented the Democratic State of Law, jurists committed to the consolidation of democracy and the guarantee of fundamental rights begin to redefine the meaning of legal norms since a new horizon. Thinking about rights since the decolonial thought implies assuming the task of building a new logic, new fundaments and new epistemological elements, when then the hermeneutic question is shifted to a different dimension from what was reserved for it by modern rationality inherited by tradition.