Banca de DEFESA: DANIEL PINCOWSCY CARDOSO MARTINS DE ANDRADE ALVIM

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : DANIEL PINCOWSCY CARDOSO MARTINS DE ANDRADE ALVIM
DATE: 14/02/2025
TIME: 10:00
LOCAL: SALA DE REUNÃO DA PÓS GRADUAÇÃO - FACULDADE DE DIREITO - UnB
TITLE:

Discretion with integrity: an institutionalist proposal for redeeming the concept of judicial discretion in analytical theory of law


KEY WORDS:

positivism; interpretivism; analytical philosophy; judicial discretion; constitutionalism; Rule of law


PAGES: 200
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
Analytical positivism is a tradition of legal thought founded on a warning against the fallibility of law. It evokes the gross immorality of many of the legal systems that have existed in time as the main argument to justify the conceptual separation between law and morals. Within the anglo-american theoretical experience, this separation has been mediated by the social fact thesis, which appears as the theoretical key for the constitution of legal systems and for the definition of the boundaries of legal content. Outside these boundaries, what exists is only judicial discretion, a power of choice that legal systems would confer on judges to remediate descontinuities.
Dworkin challenged this conception of law with an account of conceptual optimism. It points to the possibility of finding correct answers within the law in pratically all controversial hypotheses, by seeing this practice as a work of collective construction that goes beyond social facts, reflecting a morality that is self-reflexively built by institutions and society through the exercise of the responsibilities of the interpretive attitude.
Despite the many flaws in the positivist conception of judicial discretion, the present dissertation argues that this concept is usefull in explaining the pratice of Constitutional Courts and that it can be redeemed theoretically. Under this assumption, this work will seek to reconcilie the institutional facet of this concept with interpretivists phipolophical premises, enhancing them in light of the actual stage of the doctrine of liberal judicial constitutionlism and of the conception of “Rule of law” as shared authorithy, proposed by Dmitrios Kyritsis

COMMITTEE MEMBERS:
Presidente - 2492387 - JULIANO ZAIDEN BENVINDO
Interno - 2332291 - ALEXANDRE ARAUJO COSTA
Interno - 1905321 - GUILHERME SCOTTI RODRIGUES
Externo à Instituição - THOMAS DA ROSA DE BUSTAMANTE - UFMG
Notícia cadastrada em: 13/02/2025 14:58
SIGAA | Secretaria de Tecnologia da Informação - STI - (61) 3107-0102 | Copyright © 2006-2026 - UFRN - h-sigaa-01.sigaa01