FROM LENIO STRECK'S CRITICAL HERMENEUTICS OF LAW TO CASTANHEIRA NEVES' CASE LAW: A WAY TO GET OVER THE JUDICIAL DISCRETION IN CURRENT BRAZILIAN LEGAL REALITY/DA CRITICA HERMENEUTICA DO DIREITO DE LENIO STRECK AO JURISPRUDENCIALISMO DE CASTANHEIRA NEVES: UM CAMINHO PARA A SUPERACAO DA DISCRICIONARIEDADE DO JUIZ NA ATUAL REALIDADE JURIDICA BRASILEIRA

Intend this paper, analysing the judicial discretion question, for this intention, it will be done in the post positivist context and will do a dialogue between Lenio Luiz Streck's critical hermeneutics of law and the Antonio Castanheira Neves' case law, because both of writers have a hermeneutic's base. For that, the paper will show a panorama about of judicial discretion question in Brazil, using for this the critical hermeneutics of law that alert for acritc and decontextualized receptions of foreign theories. That theories created an environment that bet on the figure of the judge and his subjectivity for solution of complex issues and implementation of rights when the law dont show the way to decision. In this scenario, use this paper use the Castanheira Neves' case law for to give a rationale for the decision-making act. This theory was adopted because it can joining hermeneutics and method, providing greater practical applicability.