Mauerschützen (o caso dos atiradores do muro) e a pretensão de correção do direito na teoria de Robert Alexy: aportes hermenêuticos ao debate acerca da relação entre direito e moral

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The present paper seeks to investigate the relation between law and morality as proposed by Robert Alexy, as well as criticize, based on the hermeneutical paradigm, the use of a corrective morality in the terms defended by the author. Using as starting point the death cases of fugitives in the extinct RDAs border named the wall shooters case trialed by the german Constitutional Federal Court, that illustrate the authors opinion about the relation between law and morality, its presented the main elements of Alexys theory especially the claim to correctness which allows to identify the relation, by him proposed, between law and a morality that corrects it. At the end, the dissertation seeks to criticize this understanding, based on the hermeneutical paradigm, pointing in to the direction of an comprehension more suitable to the roll that morality and its relation with law should play in the context of a Constitutional Democracy

ASSUNTO(S)

radbruchs formula filosofia law direito tribunal constitucional claim to correctness moral wall shooters case constitutional democracy. alemanha hermeneutics filosofia do direito alexy, robert injustice

ACESSO AO ARTIGO

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