Banca de DEFESA: Henrique Porto de Castro

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Henrique Porto de Castro
DATE: 09/01/2023
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODk2MDNjN2YtZDRiZi00NzljLWJkZDQtYTZiNTg2ZDY3
TITLE:

"The game of law and the game of the judges in case of the Superior Court of Justice’s provision n. 620".

KEY WORDS:

Legal positivism. Superior Court of Justice’s provision n. 620. Speech act theory. Methodology of Decision Analysis.

PAGES: 223
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Departing from Herbert Hart’s legal positivism, the goal of this research is to analyse if the Brazilian officials of the Superior Court of Justice and the Court of Justice of the Federal District and Teoritories, are accepting of the rules of the system as obligatory. This is one of hartian requisitis for the existence of a legal system in a giver community. The research was centered on Superior Court of Justice’s provision n. 620, which settled that insurer had, in cases of life insurance, the obligation to indemnify the beneficiaries even if the isured died in a vehicle accident caused by him being drunk and his drunkenness was proven to be the cause of the accident. Hart’s positivism, in this research, was contextualize in the relation to positivism in general and, furthermore, John Langshaw Austin’s theory of speech acts was explicated in its connection with Hart’s positivism and presented as central for the analysis of the judicial decidions discussed in the research. For the empirical part of the research, the Metodology of Decision Analysis, developed by Roberto Freitas Filho and Thalita Moraes Lima was used. At the end, the conclusion was that almost all the Brazilian officials analysed, in their practices, accepted the rules of system as obligatory, whith small patological exepctions

BANKING MEMBERS:
Externo à Instituição - LEANDRO MARTINS ZANITELLI - UFMG
Externo à Instituição - LUÍS DUARTE D'ALMEIDA - UNL
Externo à Instituição - LUCAS FUCCI AMATO - USP
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO