A utilização de valores pessoais nas decisões judiciais e a insegurança jurídica no Brasil

Abstract

The research aims to analyze legal decisions in Brazil, debating their foundations using mainly Ronald Dworkin's view on the subject and concrete cases, demonstrating that the lawyer is often at the mercy of the judge's personal values and, even in the view of a philosopher who has a non-restrictive interpretation of the law would be far from sharing the view of the Brazilian judiciary. The sources of the methodology used were research on doctrine, scientific articles, legislation and Brazilian jurisprudence. The conclusion of the study is the demonstration of the need to change the thinking of the Brazilian judiciary, making them not want to change the existing law and, yes, apply the existing law to the concrete case.