The present article proposes to analyze the aspects related to judicial legitimation in the process of construction of the legal norm in the concrete case, in the paradigm of legal post-positivism. The process of creating the legal norm in abstract belongs, in the system of separation of powers, to the Legislature, composed of members directly elected by the people. The Judiciary, while one of the powers of the Republic, is composed of members not elected by the people, which allows the discussion about the judicial legitimation of the decisions that create the legal norm applicable to the concrete case. In this sense, we present the present scientific article that will investigate the necessary requirements for the validation of the creati...
The 1988 Constitution imposes a duty to substantiate court decisions, including the conviction of th...
This work studies the legal principles within the science's aspect of current legal dogmatic. The st...
This writing is divided into two parts and, in a few words, is a work on the concept of judicial act...
After the philosophical transformations that overcame the metaphysical tradition, there's no reason,...
This paper indicates that there was no overcoming of legal positivism by post-positivism indicated a...
TEORIA DA NORMA JURÍDICA NO NEOCONSTITUCIONALISMO PÓS-POSITIVISTA: UMA CONCRETIZAÇÃO CONSTITUCIONAL ...
En este trabajo se aborda el problema del activismo judicial y los límites de la jurisdicción desde ...
This article is an analysis of judicial discretion seen as a characteristic of legal positivism from...
Admitting the juridical postpositivism as the theory that aims to reconcile the law, morality and po...
This article is an analysis of judicial discretion seen as a characteristic of legal positivism from...
This article is to scope the study of normativity of principles. View that the principles that are b...
Very current theme is the extent and the limits assigned to the judge in the Law building process. A...
O presente artigo analisa a questão da legitimidade democrática do Poder Judiciário para a concretiz...
Trata-se de análise sobre a legitimidade do Poder Judiciário para atuar de forma proativa ao exercer...
In this paper, a brief analysis about judicial activism and the principle of strict legality in juri...
The 1988 Constitution imposes a duty to substantiate court decisions, including the conviction of th...
This work studies the legal principles within the science's aspect of current legal dogmatic. The st...
This writing is divided into two parts and, in a few words, is a work on the concept of judicial act...
After the philosophical transformations that overcame the metaphysical tradition, there's no reason,...
This paper indicates that there was no overcoming of legal positivism by post-positivism indicated a...
TEORIA DA NORMA JURÍDICA NO NEOCONSTITUCIONALISMO PÓS-POSITIVISTA: UMA CONCRETIZAÇÃO CONSTITUCIONAL ...
En este trabajo se aborda el problema del activismo judicial y los límites de la jurisdicción desde ...
This article is an analysis of judicial discretion seen as a characteristic of legal positivism from...
Admitting the juridical postpositivism as the theory that aims to reconcile the law, morality and po...
This article is an analysis of judicial discretion seen as a characteristic of legal positivism from...
This article is to scope the study of normativity of principles. View that the principles that are b...
Very current theme is the extent and the limits assigned to the judge in the Law building process. A...
O presente artigo analisa a questão da legitimidade democrática do Poder Judiciário para a concretiz...
Trata-se de análise sobre a legitimidade do Poder Judiciário para atuar de forma proativa ao exercer...
In this paper, a brief analysis about judicial activism and the principle of strict legality in juri...
The 1988 Constitution imposes a duty to substantiate court decisions, including the conviction of th...
This work studies the legal principles within the science's aspect of current legal dogmatic. The st...
This writing is divided into two parts and, in a few words, is a work on the concept of judicial act...