Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

89 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS to distinguish law from moral, Dworkin, in turn, situates principles in a hermeneutic horizon. This would be a “prudential reasoning” founded by values which are mixed with political morality. For this reason, according to him: “the dignity of the judicial decision is not in the creation of law by the judge, but in the possibility of deciding by principles and fundamentals 32 ”. Worthy of note is that the Inter American Court did what Dworkin calls hermeneutics with a view to Justice, since the judges passed through the totality of law in the interpretative criterion of protection for human rights and handed over a constructive interpretation to the Convention 33 . Besides, Dworkin returns to this theme in Taking Rights Seriously: “(…) when jurists reason or debate with regard to rights and juridical obli- gations, particularly in those difficult cases where our problems with these concepts seem more acute, they resort to patterns which do not function as rules but operate differently, such as principles, policies and other types of patterns. 34 ” This jurisprudential evolution that the Awas Tingni case represented for indigenous law gave ontologically just results because it placed these ancestral populations – which are at risk – at the center of the system of Inter-American protection. Or, as said by Edson Damas da Silveira, this new interpretation con- tributes “to the construction of another kind of universalization, now more evolved and progressive and that, without harming individual rights, will permit indigenous peoples the possibility of having their own agendas of human rights respected, however limited to the international normative approach granted and respected by the civilization of the West. 35 ” 32 Idem, p. 273 33 DWORKIN, R. Natural Law Revisited. University of Florida Law Review , v. 34, n.2, p. 165-188. 1982. 34 DWORKIN, R. Levando os direitos à sério . São Paulo: Martins Fontes, 2002, p. 36. 35 SILVEIRA, Edson Damas. Direitos fundamentais indígenas, movimento socioambiental e a formatação do Estado na modernidade. Veredas do Direito , Belo Horizonte, v. 6, n. 12, p.25-56, jul. – dez. 2009, p. 48.