Brazilian Legal Experience: Rationalism , Realism and the Creator Function of Judge

• Autor(a) principal: Angella, Fábio Luiz
• Data de Publicação: 2015
• Outros Autores: Carra, Cesar Augusto
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Teorias do Direito e Realismo Jurídico
• Texto Completo: http://www.indexlaw.org/index.php/teoriasdireito/article/view/222
• topic: Interpretation; Schools; Rationalism; Realism; The free law school; Interpretação; Escolas; Racionalismo; Realismo; Escola do direito livre

Very current theme is the extent and the limits assigned to the judge in the Law building process. And are based, the central premise, the alleged overcoming the dogmatic character of law, which raises the neutrality of the judge as one of its characteristics, and questioned the positivist method, began to emerge modern currents, antidogmáticas, and forswore the extreme positivism defended the school of exegesis. Classified as modern schools, such systems are represented by schools of free inquiry, free and historical and evolutionary law. Assimilated, some of them by the national legal experience, this article will address, in a very superficial way, the clash caught between the dogmatic and legal zetética for presenting the central issue: equivalence of the right to law, to present the main doctrines on the subject. Will make some considerations about the rationalist and realist tendencies, after criticizing the doctrine of Kantorowicz, which seems unabated certain acceptance in the national legal scenario, conclude that the judge can not be emancipated, completely, the law.