The principle of good faith in the interpretation of the legal instrument

• Grant number: 12/01706-1
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: April 01, 2012
• End date: March 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Francisco Paulo de Crescenzo Marino
• Grantee: Arthur Cristóvão Prado
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The project at hand proposes scientific initiation research in the field of the General Theory of the Private Law. Its theme is the Good Faith Principle in the Interpretation of the Legal Instrument. This work shall be divided into two major work lines: the first of those, essentially theoretical, shall consist of a study on the subject matter in national and international doctrines, as well as a formulation of solutions for the problem of the interpretation of the legal instrument, according to the article 113 of the Brazilian Civil Code; the second one, of empirical nature, shall consist of the analysis of jurisprudence related to the matter, and its results shall, thereafter, be compared to those attained in the first part of the research. The choice for this theme can be justified mostly by the necessity for the dogmatic doctrine to produce models, which should be effective in the solution of practical cases, for the interpretation of the legal instrument in accordance with the principle of good faith. The research now exists, partly due to being scarce in quantitative terms, and has not been efficient for orienting Brazilian courts. Our preliminary hypothesis is that a useful theoretical model should include the comprehension of the good faith principle as a hermeneutic canon, similar to those proposed by Emilio Betti. Thus, good faith would have the hermeneutic functions of orienting the efforts of the interpreter, filling in gaps, and solving antinomies.(AU)