WHEN MORAL IS A DETERMINING ELEMENT IN DECISIONS ON CRIMES OF SEXUAL VIOLENCE: EPISTEMOLOGICAL SOLIPHISM

Abstract

It analyzes the extent to which moral values of a subjective order influence the decisions of law enforcers in cases such as sexual violence against poor and peripheral children and adolescents. For this research, the method of approach used by the authors is the phenomenological, from a critical-reflexive approach on the occurrence of an epistemological solipsism. As from this, it is observed that interpreters of the norm tend not to observe that the Law must be dissociated from the moral, that it must have autonomy and must have independent application of the morality, according to Streck's understanding, as opposed to Dworkin. The research concludes by the urgent need of changing the behavior of law interpreters, who must decide in accordance with the law, although their ideas and convictions are permeated by diverse values.

Keywords

• direito
• moral
• solipsismo
• violência sexual.