Análise retórica dos conceitos fundamentais da dogmática jurídica
This article aims to clarify the most im-portant concepts of dogmatic legal procedure, the one that is constituted before the state’s organs, about which there is much disagreement in legal doctrine. It focuses on the sequence of steps that the law professional must observe in relation to the legal...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277434 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 19, Nº. 1, 2018 (Ejemplar dedicado a: Espaço Juridico Journal of Law [EJJL]), pags. 271-290 |
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| Summary: |
This article aims to clarify the most im-portant concepts of dogmatic legal procedure, the one that is constituted before the state’s organs, about which there is much disagreement in legal doctrine. It focuses on the sequence of steps that the law professional must observe in relation to the legal texts claimed within that procedure, that is, to submit the formal sources of law, which have been chosen to base the arguments, to dogmatic tests rhetorically constructed: existence, validity, pertinence, vigor, incidence, technical efficacy, ju-ridical efficacy and social efficacy (effectiveness). The rhetorical analysis carried out here, besides es-tablishing a theoretical agreement about the most ancient of all methodologies, is pragmatic, because it aims to provide a solid roadmap to any law prac-titioners while exercising their job, explaining the steps from the legal texts to the decisions. |
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