Tensões no liberalismo de Kelsen

• Autor(a) principal: Pires, Manoel da Nave
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23873
• topic: kelsen; hayek; liberalismo; kelsen; hayek; liberalism; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Dissertation which aims to question the academic mainstream linked to the legal and political thought of Hans Kelsen liberalism. Challenges the thesis that kelsenianas theories and liberal doctrine converge in defending the same political values as well as those that associate considering its methodological aspects of neutrality, of formalism and legalism. As a theoretical strategy, recovers some debates in which Kelsen was regarded as a liberal (Red Vienna, Weimar), as well as Kelsen s critique of Marxism and vice versa. It also establishes a direct confrontation between Kelsen and Friedrich Hayek, electing the Rechtsstaat as a comparative theoretical element, addressing relevant topics such as freedom, democracy, capitalism, socialism, property and legal security. In the end, instead of a Kelsen liberal and apolitical , points to a kelseniana critical doctrine of a liberal-individualistic natural law, which does not seem to be so concerned with legitimizing the bourgeois order in power.