Garantismo, ativismo e cooperação e(m) crise

• Autor(a) principal: Torres, Amanda Lobão
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/19413
• topic: Garantismo; Garantismo processual; Ativismo judicial; Cooperação processual; Garantism; Procedural garantism; Judicial activism; Procedural cooperation; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The garantism theory is an existent and important topic surrounding today’s procedural discussions, both national and international context. So, this study goes through the necessary considerations to Luigi Ferrajoli theory approaching it since his "Law and Reason" to more recent publications demonstrating a less forceful position regarding the positivist thesis of the separation between law and morality. Then the study is directed to the garantism in civil proceedings presenting the immense contributions of this doctrine to combat judicial activism. This was, in fact, historically and legally presented. Since the Brazilian proceduralist doctrine has recently appointed the cooperative model as the appropriate one for the democratic constitutional state, considerations garantists were necessary regardin the cooperative or collaborative doctrine, especially concerning ideological inquisitivists roots to this new model, as opposed to the adversarial system defended by procedural garantism. Finally, considering garantists statements about the applicability of a text without interpretation, and also in view of the attachment of this doctrine with semantics, philosophical hermeneutics considerations were put, so were also conclusions regarding democratic, social and liberal paradigm