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A fundamentação das decisões judiciais a partir da crítica hermenêutica do direito: fundamentalidade teórica e prática

Authors: Miriam Olivia Knopik Ferraz; Vinícius Quarelli; Julia Heliodoro Souza Gitirana;

A fundamentação das decisões judiciais a partir da crítica hermenêutica do direito: fundamentalidade teórica e prática

Abstract

The present work aims to describe the role of the reasoning of judicial decisions in the Hermeneutic Critique of Law (CHD). As a research problem, it focuses on the explanation about the imperative of reasoning decisions. Justified by the relevance of the theory, the research seeks to centralize an issue addressed in decades of work. The hypothesis: the grounds for decisions is a condition of possibility for the realization of Fundamental Laws. The method used is logical-deductive, based on bibliographical research. In general, we tried to present an overview of the premises, theses and consequences of CHD. Therefore, the research was subdivided into a theoretical analysis of the CHD to later carry out its application in the case of Habeas Corpus no 82.424: The Ellwanger Case. It was concluded that in terms of jurisdiction, any compression must be adequate to the intersubjective agreement called the Constitution. In even more practical terms, it was found that the foundation of judicial decisions is fundamental because it is precisely in its implementation that any authentic Law can be based.

Country
Italy
Related Organizations
Keywords

Hermeneutic; Hermeneutic Critique of Law; Theory of Law; Decision Theory

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green