Separation of powers, interpretation and the law of introduction to the norms of brazilian law (LINDB)

Abstract

The LINDB contains provisions that expand the possibilities for the interpreter's action within the legal system, such as analogy and the search for external elements like general principles of law. However, it also imposes restrictions on the interpreter's actions, particularly in the realm of public law, by requiring consideration of the practical aspects and consequences of interpreting infraconstitutional norms to avoid disproportionate or excessively burdensome results. The interpreter must weigh practical consequences when seeking interpretive results, even if this implies some reduction in the protection of other principles that shape the common good, if it does not compromise the principles established in Article 37 of the Federal Constitution. When interpreting the infraconstitutional legal system, excluding complementary laws, it is mandatory to adopt the hermeneutic criteria established in the LINDB. Interpretive decisions that deviate from or contradict these guidelines are considered illegal. On the other hand, when interpreting superior norms, the LINDB serves only as suggestive, non-binding guidance to avoid compromising the normative content of superior laws and to prevent potential material antinomies. The work uses the deductive method in addition to the following research techniques: bibliographic, documentary and empirical; presenting to the academic community the main considerations regarding the topic discussed.