A outra realidade: o panconstitucionalismo nos Isteites

Revista Brasileira de Políticas Públicas

Fábio Luiz Bragança Ferreira¹ 

[1] Centro Universitário de Brasília - UniCEUB

关键词: Constitucionalismo;    Princípios jurídicos;    Realismo Jurídico;    Pós-positivismo;    Juristocracia;   

DOI  :  

学科分类：社会科学、人文和艺术（综合）

来源: Centro Universitario de Brasilia

【 摘 要 】

The present article is the result of a study about the article written by Lênio Streck in his weekly column Uncommon Sense, with the title “The legal realism or ‘when all might be unconstitutional�? (Conjur). Indeed, we analyzed the foundations of legal realism in the United States and provide a brief contextualization about the thought of Lênio Streck, indicating some of its main theses. We pass to the study of legal realism in Brazil and its - harmful - consequences. This article fits into the theory of Constitutional Law and Comparative Law, and seeks to make a critical analysis of the thought of Luis Roberto Barroso in Brazilian constitutional context. Finally, the research used the analytic-dogmatic methodology, where it was based on an analytical scale, at which the legal concepts were analyzed as: legal realism, post-positivism; for later analysis to criticize the current theory of the socaled post-positivism. At the end, it was concluded that there is not a “Judicial DNA�? in Brazil, in some sense and extent, from the analysis of propositions and judicial actions of the Justice Luis Roberto Barroso.

【 授权许可】

Unknown