Juízes pragmáticos são necessariamente juízes ativistas?
This paper discusses the relationship between the often distorted concepts of legal pragmatism, instrumentalism and judicial activism, in order to present and clarify some caricatures ordinarily made of them. After presenting different meanings of the expressions that can generate approximations or...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8131429 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 17, Nº. 1, 2021 (Ejemplar dedicado a: RBD. Jan-Abr/2021; e4456) |
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| Summary: |
This paper discusses the relationship between the often distorted concepts of legal pragmatism, instrumentalism and judicial activism, in order to present and clarify some caricatures ordinarily made of them. After presenting different meanings of the expressions that can generate approximations or distances between them, this paper explores the possible pragmatic justification for judicial self-restraint postures to justify the absence of necessary connections between pragmatism and judicial activism – even though possible associations between the two cannot be ignored when judges declare themselves pragmatic. |
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