Navegando por Assunto "Ronald Dworkin"

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A aplicação da interpretação construtiva localizada no direito brasileiro sobre o tema Manifestações culturais vs Meio ambiente: tenuidades e plausividade
(Centro Universitário do Estado do Pará, 2023) Vieira, André Luiz Neves; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262
The present research deals with the localized application of Dworkin's constructive interpretation in the Brazilian context on the theme: Cultural manifestations against an ecologically balanced environment, since the relevance of the theme is given by the multiculturalism of peoples in the country, as well as its relevance to the international scenario on the subject of environmental protection. For that, documentary and bibliographical research was used, as well as the theses in which Dworkin was opposed were explained so that he could then develop his thesis and apply it to the mentioned theme. Once applied, there were some nuances that undermine the applicability of the interpretation in the Brazilian context, especially as a result of the multiculturalism of the country's peoples with antagonistic social values, which would fall on the interpreter, even if he was the judge Hercules, being influenced to make different decisions depending on the moral conviction that was created. As well as, finally, the problem arising from the slowness of justice was briefly pointed out if the constructive interpretation were to have its institutionalized application.
A dignidade da pessoa humana e a jurisprudência do Supremo Tribunal Federal: uma abordagem crítica à luz da teoria do direito como integridade de Ronald Dworkin
(Centro Universitário do Estado do Pará, 2015-06-30) Viana , Lorena Mesquita Silva; Dias, Jean Carlos; Klautau Filho, Paulo de Tarso; http://lattes.cnpq.br/8078710846499032; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529
The concept of human dignity refers to a valuable and an indispensable content for the interpretation and structuring of legal reasoning. Nevertheless, there is a general disagreement about the meaning of this concept. Treated by the legal community in an extremely broad and abstract language, the term has been shown from different approaches about its object and extension. Often, legal practitioners have used the concept, especially in hard cases, from metric criteria and as a defense evidence to erase or to an arbitrary restriction of rights, serving to the most various purposes in the legal sphere. On this scenario, depending on the way we understand the law divergence, the nature of the dignity´s concept and the way of interpretation, there will be different consequences for the exercise of judicial functions and to the realization of rights. Thus, by being reduced, or perhaps zero, the amount of studies that question the nature of the divergence in the treatment of human dignity, as well as discuss the moral content of this concept in a broad and integrated perspective, this research is justified for the relevance to understand the normativity of human dignity and to propose a legal reconstruction of the concept, so that its interpretation and application are kept intact and consistent within the Brazilian legal scenario. In these terms and taking the reference of the theory of law as integrity by Ronald Dworkin, the discussion that guides the development of this research is conducted to recognize if the opposing arguments of each legal approach on the notion of dignity would be located on the grounds and the content of this concept, inserting the theoretical mode of divergence. Thus, also questions the interpretive nature of the concept, its role as an interpretive guide and conciliator of moral judgments and, facing the critical analysis of some decisions of the Supreme Court, the judicial approach of the concept of human dignity.
Os precedentes judiciais como forma de superação da crise de tempestividade na prestação jurisdicional brasileira: em busca da razoável duração do processo
(Centro Universitário do Estado do Pará, 2015-04-09) Pereira, Bernardo Augusto da Costa; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Góes , Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This study aims to demonstrate the relevance of judicial precedents to overcome the timing crisis in adjudication, by which the Brazilian Judiciary goes by. Therefore, the legal traditions of civil law and common law are briefly analyzed, with greater focus on the latter, in order to demonstrate the approach that occurs between such legal families, and that there are no barriers to the use of judicial precedents by affiliated countries to the Roman-Germanic tradition. It is also studied the theory of judicial precedents, being defended a hermeneutic and dialectical conception of these institutions, as well as favorable arguments for their use. In the same way, the essential elements for a proper understanding of the theory of judicial precedents, besides the revocation techniques, are target of specific analysis. The neoconstitutionalist and neoprocessualist conceptions that start to affect the Brazilian Judiciary after the advent of the Constitution of the Republic of 1988 are target of attention in the same way that the arguments against the adoption of judicial precedents in Brazilian law. Then, due to the expansion of techniques of judicial decision’s binding, understood as part of a public policy in favor of reasonable duration of the process, the institutes of binding summary, general repercussion and the New Code of Civil Procedure, with focus on the incident of resolution of repetitive demands, are object of careful study. Finally, in order to deepen the quality of application of judicial precedents in the Brazilian law, it is studied the theory of Ronald Dworkin, with greater focus on law as integrity. It is concluded that the judicial precedents, if well managed, are able to promote an increase in quality of judicial decisions, and also assist the Brazilian Judiciary to achieve the reasonable duration of the process and, hence, the due process of law.