PONDERAÇÃO DO INÍCIO AO FIM DO PROCESSO CIVIL. BREVE CRÍTICA À SUPREMACIA DA TÉCNICA HERMENÊUTICA.

This paper addresses the technique of balancing principles within the context of the constitutionalization of Private Law, highlighting its centrality and the challenges it presents in the application of constitutional norms. Although this technique aims to optimize the application of constitutional principles, it can also lead to subjective and arbitrary interpretations, which raises concerns about its rationality and objectivity, thereby threatening legal clarity and predictability. A literature review, empirical case law research, and the deductive method were employed.