INTEGRIDADE E PLURALISMO JURÍDICO: DESAFIOS PARA A HERMENÊUTICA CONSTITUCIONAL BRASILEIRA

Contemporary democratic societies are plural and must deal with the many divergences that emerge from multiculturalism. Different opnions and views of the world should contribute to political debate and influence collective decisions in a way where all interests are treated equally. However, the decisions of the Supreme Court, which in the Brazilian legal and political scenario has had the last word of law, do not demonstrate to give the diversity of cultural expressions the same voice; they do not demonstrate to harmonize the differences, but rather to intensify them. Each vote is based on a different interpretive referent, fragmenting the unity of the law. This research aims, from the theoretical contributions of Ronald Dworkin, to problematize the idea of legal pluralism with the notion of integrity. In addition, some aspects of the paradigm of différence and their effects in the context of constitutional hermeneutics will be analyzed. As a result, Ronald Dworkin's thinking is presented as a possible resistance to radical pluralism of différence insofar as it presupposes an identity for the right capable of mediating divergences.