Dimensões dos princípios jurídicos na teoria do direito segundo Willis Santiago Guerra Filho: aspectos de uma contribuição brasileira à filosofia do direito contemporânea

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The context in which the current discussion is situated about juridical principles and basic rights, central in contemporary theory of the right, is what we intend to show with the Brazilian contribution given by Willis Santiago Gerra Filho, according which, the fenomenology would offer the best preparation for the necessary overcoming of the formalistic positivism, without relapsing into some form equally already surpassed of jusnaturalism. Like scholar of the Right in our country, Willis Santiago Guerra Filho faces like a challenge the imperative of renewal of the legal national order, because is totally new the base on which it links. The pledge of the Author is to re-interpret the Native Right as a whole, according the Constitution of the Federative Republic of Brazil, which presupposes an interpretative activity of the Basic Law itself, but without the rancidness of the legal operators who do not realize in the objective way as they conceive the Right, such as it was a machine with which it takes place, when if it was like that, they would be the pieces of this producing gear of a pseudo knowledge, of disciplinary character. Admirer of Husserl, who preaches that nothing exists of cognitive content in this production of knowledge, because knowledge, for him, is an evidence and truth, created from the intuition, whole and completely understood, what is lost to the being broken the link with the domain of the objects about which we should be informed, our Author goes decidedly for the good field of the pre-scientific verification, in order to value the original right of these evidences, before rejected and, from there, the essential connection to be able to search between the sciences

ASSUNTO(S)

constitutional principles jusnaturalism positivism guerra filho, willis santiago -- 1961- interpretação constitucional direitos fundamentais positivismo direito -- filosofia direito constitucional jusnaturalismo constitutional interpretation princípios constitucionais

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