Artigos Científicos - ICJ

URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/3079

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O Mapa da pós-graduação em direito no Brasil: uma análise a partir do método da social network analysis
(Universidade Federal do Pará, 2017-12) GAMEIRO, Ian Pimentel; GUIMARÃES FILHO, Gilberto
Objective: This research aims to answer how the graduate studies in Law network is structured in Brazil, as well as which programs of this network have the higher capacity to influence the others. Methodology: The guideline used in this research is the “absorption of egresses of a program by the others”. This study has only contemplated the professors who are permanent members of the 94 stricto sensu graduate programs in law, that have been operating until 2016, and whose evaluation area is Law. The data have been collected from Sucupira platform and the method chosen was the Social Network Analysis (SNA), with the Ucinet 6.528 and NetDraw 2.141 software. Results: The network of graduate studies in Law in Brazil proved to be irregular and unevenly distributed throughout the country: not too dense, strongly oriented to the South and Southeast areas of the country, and quite regionalized. The program which has the strongest capacity of influence is held by PUC-SP. Conclusion: The structural characteristics of the network allow us to understand some of the factors that constrain the quality of Brazilian legal education as a whole, such as the lack of formation offered in some member states or the low exchange of talents among programs.
Acesso aberto (Open Access)
O papel da narratividade na teoria do direito de Ronald Dworkin: há uma teoria narrativa em “Como o direito se assemelha à literatura”?
(Rede Brasileira Direito e Literatura, 2019-12) GUIMARÃES FILHO, Gilberto; MATOS, Saulo Monteiro Martinho de
This paper has the purpose of assessing the role of narrativity in Ronald Dworkin’s theory of law. The research question is to know whether Dworkin’s theory of law can be considered a narrative theory of law. By narrative theory, we mean a theory that is based on a heuristic characterization of plots, narrative genres, characters etc.Dworkin introduces six theses in order to link literature and law, in his classic “How law is like literature”: (1) law, as a practice of identifying valid legal propositions, can be better understood whencompared to the practice of literature (synechist methodology thesis); (2) the compression of the practice of law always involves a descriptive and valuative dimension (normative theory thesis); (3) every judgment about art presupposes a theory about whatart is(aesthetical hypothesis); (4) every judgment about valid legal propositions presupposes the determination of what law is (political hypothesis); (5) the political hypothesis of law depends on understanding the intentionality of the political community (chain novel); and (6) The chain novel depends on understanding the institutional history of the political community (institutional history thesis). This paper’s conclusion is that Dworkin’s theory must be seen as a narrative theory, and thatwithout such narrative aspect, his theory would simply be a legal naturalistic theory, since the purpose or value of the law would thus become absolute.

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