The ontological hermeneutics of Martin Heidegger, His use of language and ITS importance for the legal area

Martin Heidegger, one of the most influential philosophers of the 20th century, is a theoretical reference of an increasing number of authors in Brazil's legal doctrine, especially in the field of hermeneutics, interpretation and application of the law. These contributions, however, hardly deal with the objections that have been directed against Heidegger's ideas and theories. This article aims to introduce the basic lines of the German philosopher's works on hermeneutics and language. We will see that his use of language, which is full of mystic and poetic elements, already has been criticized heavily by several authors, who question their consistency and usefulness for the confrontation of theoretical and practical problems. In fact, Heidegger's ideas about hermeneutics in the area of law lead to an overvaluation of understanding to the detriment of explanation and argumentation. His idiomatic creations go beyond the standards of rationality, reflecting a rather subjective experience. At the same time, his "hermeneutics of facticity" can hardly be exploited in the legal sphere, where rational communication should prevail to enable a better understanding of the key elements of law interpretation, allowing even its criticism and its control.