Possibilidades e limites no aproveitamento dos critérios econômicos na apreciação e justificação de escolhas normativas

Qualitative research based on deductive reasoning. Approach to the theoretical movement known as Economic Analysis of Law (EAL). The investigation, focused on the examination of the extent of the use of the premises adopted by the EAL, was led around the following question: one or more of the rules...

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Bibliographic Details
Main Authors: Figueiredo Chaves, Vinicius, Flores, Nilton Cesar
Format: Article
Language:Portuguese
Published: 2018
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6787000
Source:Revista Brasileira de Direito, ISSN 2238-0604, Vol. 14, Nº. 1, 2018 (Ejemplar dedicado a: Revista Brasileira de Direito. Jan.-Abr./2018), pags. 131-148
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Summary: Qualitative research based on deductive reasoning. Approach to the theoretical movement known as Economic Analysis of Law (EAL). The investigation, focused on the examination of the extent of the use of the premises adopted by the EAL, was led around the following question: one or more of the rules for distinguishing economic criteria of efficiency must be understood as determinant unique identifier in appreciation and justification of normative choices? The goal of this paper is to show the need to impose some limits on the procedure of using the economic instrumental. The conclusion is that the economic criteria should not determine the normative choices, and the Law has an important role as a critical coordinator and evaluator of inputs and information coming from the field of Economy.