The Principled Weighting Of Robert Alexy In The Construction Of The Argumentation Of Judicial Decisions

Revista de Teorias da Justiça, da Decisão e da Argumentação Jurídica

Nigel Stewart Neves Patriota Malta¹ 

[1] Universidade Federal de Alagoas – UFAL, Alagoas, AL;

关键词: Princípios;    Ponderação;    Robert Alexy;    Proporcionalidade;    Argumentação jurídica;   

DOI  :  10.26668/IndexLawJournals/2525-9644/2016.v2i2.1673

来源: DOAJ

【 摘 要 】

The objective of this work is to perform an analysis on the weighting of principles in the construction of the argumentation of judicial decisions. Decision-making processes can, through weighing, result in solutions that contain valid, solid and rational foundations, adequate to the peculiarities of the conflicts of principles. Along with the technique of weighting, one also perceives the need to use rationality, seeking greater legal certainty and impartiality. The question is: how to use the technique of weighting in the construction of the argumentation of judicial decisions? One can hypothesize: the construction of the argumentation of the judicial decisions can happen from the base on the made weights, as proposed by Robert Alexy.

【 授权许可】

Unknown