The positivist rationality and the denied interpretation: A necessary analysis about the current jurisdiction crisis
DOI:
https://doi.org/10.4013/5135Abstract
The present article aims to discuss the crisis of the Judiciary, focusing on two main strands: (a) the transformation of the judge role especially after the Constitutional Amendment 45 and the binding abridgements implementation; (b) and the legal culture current paradigm confronted with the legal positivism deficiencies which results in the need of a hermeneutic interpretation of legal text. In addition, the difficulties of narrating the procedural facts and generating, consequently, an appropriate interpretation also will be the object of this study.
Key words: jurisdiction, hermeneutics, abridgement, positivism.Downloads
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