Teleology of the Brazilian Supreme Court, legal realism and the suspension of decrees that make a flexible carrying of arms for security in the 2022 elections

• Autor(a) principal: Brito, Clara Kelliany Rodrigues de
• Data de Publicação: 2023
• Outros Autores: Borges de Oliveira, Emerson Ademir
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Thesis Juris
• Texto Completo: https://periodicos.uninove.br/thesisjuris/article/view/23368
• topic: eleições 2022; princípio finalístico; realismo jurídico; 2022 elections; finalistic principle; legal realism

The present article attempts to analyze the teleology used by the Brazilian Supreme Court in the formation of the majority to suspend the decrees that make the carrying of weapons more flexible, aiming at greater security in the 2022 electoral period. In an attempt to demonstrate the finalistic reality of decisions, although there are contrary understandings (still minority), can reduce the practice of unnecessary judicial activism and generate greater understanding of the agendas of society. The deductive method was used, based on national and foreign bibliographical research, and national legislation. There is evidence that the Brazilian Supreme Court, as guardian of the Federal Constitution, is responsible for applying the law (positivism) as well as directing its interpretation to the finalistic principle (teleological), so that there is greater effectiveness in its decisions (legal realism).