Interpretation: applying or creating law? analysis from the perspective of private law

Abstract

The interpretation of legal rules, used to solve cases heard before a Judge, is a topic that has always fascinated the doctrine. However, many of the theoretical constructions that explain this aspect not only seem to be remote from the activity that real judges usually carry out in the exercise of the duties, but also use an unintelligible and superficial language that would hardly relate to the practice of Law. The objective of this essay is to clearly and accurately precise the parameters established by Private Law for the legal interpretation of the rules, emphasizing the ample faculties that Judges have, but without disregarding the limits they have to respect.