A FUNÇÃO SOCIAL DA DECISÃO JURÍDICA NO DIREITO CONTEMPORÂNEO

Abstract

This work directed to analyze as much as explain the theory of legal decision, this way showing its relevance for the concretization of the rights. t can be seen that the legal systematic has been expressed in several ways, since the forthcoming of legal dogmatism to the new conceptions of our modern society, these ways have surpassed the dogmatic thinking. The law scholars have put all their efforts, aiming to elaborate a theory that brings a structure to the legal system, thus defining the parameters to the tough task which is the law enforcement. Therefore, as the society becomes more and more complex, new situations arise and they demand a greater law flexibility. In this context, the law unfolding can be surpassed by other ways of rationality. By the way, this is one of the most complex challenges the jurist faces nowadays, and on this account to make a judgment issue on legal disputes has become a task that requires a big deal of creativity; this way law is a science that involves, most of all, contingencies.

Keywords

• Legal Decision
• Social Function
• Contemporary Law