Propostas de um ensino jurídico compatível com o póspositivismo
This work has the objective of analyzing teaching practices still inspired by the positivist thinking and proposing methodological measures consistent with the postulates of the current constitutionalism, inspired by the post-positivist culture that honors the rapprochement of the right to ethical a...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6745862 |
| Source: | PIDCC: Revista em propriedade intelectual direito contêmporaneo, ISSN 2316-8080, Vol. 9, Nº. 3, 2015, pags. 264-290 |
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| Summary: |
This work has the objective of analyzing teaching practices still inspired by the positivist thinking and proposing methodological measures consistent with the postulates of the current constitutionalism, inspired by the post-positivist culture that honors the rapprochement of the right to ethical and moral precepts and underpins a focused hermeneutics the need for realization of fundamental rights and the legal force of constitutional norms and principles of densification. At first, far-there will be an exhibition of the ideas of legal positivism, its main characteristics and its evolution in the countries of Roman-Germanic legal tradition. The second part of this article takes care to demonstrate the basis of current constitutionalism, its landmarks historical, philosophical and theoretical, in contrast to the previous school of thought. The last part will have as its object, as well as analysis of the influence of legal positivism on current legal education practices in Brazil, propose measures consistent with the post-positivist culture postulates that conforms the neoconstitutionalism. |
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