A argumentação jurídica e a fundamentação das decisões proferidas no âmbito dos juizados especiais
This study makes a brief approach of the theory of Legal Argument, based on the doctrine of Manoel Atienza, delimiting the cases into three categories: easy, difficult and tragic. It demonstrates that in Special Courts exist causes easy (less complexity) and causes of difficult solution (although of...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
2013
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5120236 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 9, Nº. 2, 2013 (Ejemplar dedicado a: Revista Brasileira de Direito - Dez/13), pags. 165-183 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
This study makes a brief approach of the theory of Legal
Argument, based on the doctrine of Manoel Atienza, delimiting
the cases into three categories: easy, difficult and tragic. It demonstrates
that in Special Courts exist causes easy (less complexity) and
causes of difficult solution (although of low monetary value). The
solution of easy cases by Special Courts is compatibility with their
guiding principles and generates more celerity. In difficult cases the
issues raised by the parties deserve timely response, and should be
removed from the technique of the confirmation of the judgment
by own foundations, because it is not quite feasibly remission to
a reasoning precarious and that does not include the topics under
discussion. The legislator gave the judge who acts in Special Courts
appropriate legal instruments to make the best decision, in order to
be a more equitable solution possible in the cases. |
|---|