The paper provides a close lecture of the arguments and methods of legal construction, employed in the extensive individual opinions written by the Justices of the Brazilian Supreme Court in the case which authorized the same sex civil union. After tracing an outline of the legal problem and his possible solutions, we analyze the individual opinions, showing their methodological syncretism, the use of legal methods and arguments in a contradictory way as well the defciencies in the reasoning. The Justices use legal arguments, but do not meet the requirements of rationality in the decision-making. We have a rhetorical attempt that aims to satisfy the public opinion rather than to ofer a comprehensive and coherent solution according the norma...
A presente dissertação dedica-se ao estudo da relação entre a teoria e a prática do Supremo Tribunal...
In this paper, I verify whether the Brazilian courts� juridical discourse has any argument in favour...
This article analyzes the deliberative process of the Brazilian Supreme Court (BSC), mainly regardi...
The paper provides a close lecture of the arguments and methods of legal construction, employed in t...
The paper provides a close lecture of the arguments and methods of legal construction, employed in t...
The paper provides a close lecture of the arguments and methods of legal construction, employed in t...
This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of ...
Judicial sentences are based on current laws and past court rulings, also known as jurisprudence. Le...
Doctrine and jurisprudence are inclined to find appropriate solutions to surpass the immutability of...
It also addresses the debate about the revitalization of the res judicata in the civil suit of the i...
This paper is a critical analysis of a recent case decided by the Brazilian Constitutional Court, wh...
The participation of society in public forums is studied to form the public reason of the Brazilian ...
The participation of society in public forums is studied to form the public reason of the Brazilian ...
In the Brazilian legal context, conflict resolution is studied and analyzed over a majority jurisdi...
A presente dissertação dedica-se ao estudo da relação entre a teoria e a prática do Supremo Tribunal...
A presente dissertação dedica-se ao estudo da relação entre a teoria e a prática do Supremo Tribunal...
In this paper, I verify whether the Brazilian courts� juridical discourse has any argument in favour...
This article analyzes the deliberative process of the Brazilian Supreme Court (BSC), mainly regardi...
The paper provides a close lecture of the arguments and methods of legal construction, employed in t...
The paper provides a close lecture of the arguments and methods of legal construction, employed in t...
The paper provides a close lecture of the arguments and methods of legal construction, employed in t...
This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of ...
Judicial sentences are based on current laws and past court rulings, also known as jurisprudence. Le...
Doctrine and jurisprudence are inclined to find appropriate solutions to surpass the immutability of...
It also addresses the debate about the revitalization of the res judicata in the civil suit of the i...
This paper is a critical analysis of a recent case decided by the Brazilian Constitutional Court, wh...
The participation of society in public forums is studied to form the public reason of the Brazilian ...
The participation of society in public forums is studied to form the public reason of the Brazilian ...
In the Brazilian legal context, conflict resolution is studied and analyzed over a majority jurisdi...
A presente dissertação dedica-se ao estudo da relação entre a teoria e a prática do Supremo Tribunal...
A presente dissertação dedica-se ao estudo da relação entre a teoria e a prática do Supremo Tribunal...
In this paper, I verify whether the Brazilian courts� juridical discourse has any argument in favour...
This article analyzes the deliberative process of the Brazilian Supreme Court (BSC), mainly regardi...