The Brazilian Supreme Court needs Iolaus: a reply to Marcelo Neves' objections to balancing and optimization

• Autor(a) principal: da Silva, Virgílio Afonso
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Direito.Unb (Online)
• Texto Completo: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/24545
• topic: Marcelo Neves; Princípios Jurídicos; Regras Jurídicas; Direito Constitucional; Supremo Tribunal Federal; Marcelo Neves; Legal Principles; Legal Rules; Constitutional Law; Brazilian Supreme Court

In current Brazilian constitutional debate there may be no subject that has generated as many publications as that of constitutional principles. Many of these publications, however, are a mere repetition of what has been written before. The publication of Marcelo Neves' book ”Entre Hídra e Hércules" is certainly an exception in this scenario. It brings new light to the debate and proposes a change of course. In this shorte Article, I defend my views against the objections Neves raises to some of my ideas in his book to show that his objections are unsound and that he does not in fact offer an alternative to what he calls "still dominant models". -------------------------------- I would like to thank Conrado Hübner Mendes, Josecleyton Geraldo da Silva, Rafael de Lima and Fernando Leal for their comments on a draft of this Article. Article translated to English by Teo Pastor and reviewed by the author.