O sentido do Direito e o sentimento do justo

• Autor(a) principal: Cunha, Danilo Fontenele Sampaio
• Data de Publicação: 2015
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6943
• topic: Sentido do Direito; Sentimento do justo; Tríplice Hélice Vibrátil; Efetivação; Meaning of law; Fair feeling; Vibrating triple helical helix; Effectuation; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

It is argued that understanding the sense of law must be made with an emphasis on discursive inclusiveness and overcome the functionalist paradigms and utilities, aiming to capture the sense of the law through the sense of fair. New view of such phenomenon is suggested, using metaphor created based on the quantum string theory, emphasizing the intimate character of the judge and the weaving of their social bonds. It is stated that the sense of the law is preceded and consists of a sense of fair that precedes and accompanies, presented here in the form of vibrating triple helical helix composed of consciousness, sensitivity and interpretation of the rules and activated by the agent's will constituted by the culture, ethics and interests, according to their freedom and dreams. It is proposed, therefore, to redefine judicial practices in the pursuit of happiness, freedom and equality, overcoming the mere rationalization of the convictions of the judge or of normative guidelines through the use of what we call exlética topical, with the objective of close as possible to the right applicable to the case. It is proposed to finish the resumption of topical sensitivity and poetic in the dynamic conception of the feeling of the fair as a way to reach to human and humane effectuation of the law