Navegando por Assunto "Authority"

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A autoridade dos direitos humanos entre autonomia e bens básicos: o debate filosófico da teoria da lei natural de John Finnis com o positivismo liberal de Joseph Raz
(Escola da Magistratura do Rio Grande do Norte, 2020-04) PINHEIRO, Victor Sales; MACHADO, Ayrton Borges
This research explores the normative concept of human rights by summarizing the debate between the natural law theory of John Finnis and the liberal positivism of Joseph Raz, two of the most relevant analytical theorists of contemporary jurisprudence. To follow this debate, the article presents and criticizes three central arguments of Raz for the understanding of human rights: his thesis of unlimited authority, considered as exclusionary reason; his conception of practical reason and the autonomy of subjective interests; and the emergent order of human rights as limiting sovereignty. Then, the paper addresses Finnis' theory of natural law, also in three core arguments for the elucidation of human rights concept: the thesis of basic human goods as the foundation of natural rights; the universality and intrinsic value of human rights, according to the dignity of the human person; and the relationship between legitimate authority and the common good, based on the normativity of human rights. Finally, it concludes that Finnis is able to respond to the difficulties identified in Raz. Its methodology is hypothetical-deductive, based on bibliographical research, following a review of the primary and secondary literature of these authors and formulating general hypotheses about human rights.
Acesso aberto (Open Access)
Precedentes vinculantes no modelo constitucional de processo
(Universidade Federal do Pará, 2021-08-18) PAIXÃO, Shayane do Socorro de Almeida da; COSTA, Rosalina Moitta Pinto da; http://lattes.cnpq.br/5469957203750291; https://orcid.org/0000-0002-3673-6912
This work aims analyze the binding precedents in the from the Brazilian Civil Procedure Code – CPC/2015, especially the precedents of the Supreme Court (STF). The formal linkage of the precedents is investigated, based on their provision in the Code of Civil Procedure, seeking to understand how this formal provision can reveal the defense of the linkage only by a criterion of authority of the Court that issued the decision. This criterion of authority, although important, should not be analyzed in isolation, under penalty of resuming arguments that refer to legal empiricism, a theoretical current that offers subsidies for decisions devoid of legal legal foundations. Furthermore, considering the reading of the process necessary from a constitutional model, the concern with the participation of subjects should be given special attention when analyzing the precedents of the Supreme Court. In the work, precedents are considered as principles that operate from their gravitational force, which leads to their gradual application, according to formal but also material criteria, so that the Court's authority is only one of them and not the only one. The deliberative practice of the STF is a determining point in analyzing the gradual strength of precedents.