A LÓGICA DEDUTIVA SOB A ÓTICA DA INTERPRETAÇÃO JURÍDICA E DA TEORIA DA DECISÃO

Abstract

This paper discusses the application of deductive logical reasoning in the interpretation and legal decision, focusing on legal positivism and its base of constitution in a democratic state. The study aims to examine the contours of legal positivism from the perspective of one of its biggest critics: the philosopher Chaïm Perelman. The investigation begins with the study of deductive and inductive logic, examining its relationship with the law, to achieve a legal theory that reaches the philosophical and political ideals of a democratic state. The research indicates that despite the logical deductive method to develop as an important tool in the legal world, it is not enough to express adequately a complex system that involves, above all, values whose goal is to achieve the realization of justice.

Keywords

• Deductive Logical
• Legal Positivism
• Democratic State