Legal Hermeneutics and Dialectics in Trialism

ISBN-13: 9786206260165 / Angielski / Miękka / 52 str.

Geraldo Carreiro

Opis

In the caput of the Law there is justice to be done in the best form of coexistence; we draw from the principle of sopesar to panspermia to what comes to be positivised in justice, its evolution and mutation by the way of hermeneutics and three-dimensional dialectics of the master Reale. Panspermia - object of this work, in the three-dimensional intersections - STF Minister Gilmar Mendes the elucidating adage of Peter Häberle, says: "Es gibt keine Rechtsnormen, es gibt nur interpretierte Rechtsnormen (There is no legal norm, if not interpreted legal norm)." Hermeneutics is of paramount importance in the elucidation of obscure facts since its antonym - notorious, does not require demonstration or hermeneutics, only the application of the positive law and its sister, customary jurisprudence, is sufficient. Voting suffragado that without the necessary evidence is not achieved fair verdict and that the legal system fits in the right the principle of adversarial and broad defence, together with the principle of dual jurisdiction, we have a judicial procedure that although imperfect, follows in the pursuit of law that is if not the just judged and applied in fact, value and norm; in the effectiveness of legal sociologism of Ferdinand Lassalle.

O autorze

Master in Education: Anne Sullivan University - Florida/USA (2017). Line of Research: The Training of Law Teachers. Specialist in Constitutional Law (2014): Legal Hermeneutics and Dialectics in Trialism. Legal TCC: Relationship of ECI, Stare decisis and Judicial Activism in Brazilian Law. Bachelor in Public Relations (1992).