RATIONALITY OF JUDICIAL DECISION BY ROBERT ALEXY

Abstract

One of the first steps taken by the post-positivisms was to overcome the methodological proposal of legal positivism in view of resistance to admit the submission of judicial decision to objective criteria beyond the legal rules. From this ambience arises numerous theories, especially the theory of legal argument [TLA] of Robert Alexy, whose purpose is to conceive a rational justification of reasons for the legal decision. This article therefore aims to discuss, even in general terms, about the mechanisms used to ward off decisionism from legal within whose subjectivity can lead to arbitrariness and even irrationality, compromising the Democratic State of Law.

Keywords

• Argumentação jurídica
• Decisão judicial
• Ponderação
• Regras e princípios