Navegando por Assunto "Culturalismo"

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A gênese do culturalismo jurídico : a recepção crítica do positivismo pela escola do Recife – de Tobias Barreto a Miguel Reale
(Universidade Federal do Pará, 2021-04-30) PAES, Alberto de Moraes Papaléo; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
This research has as main objective to understand how the critical reception of Legal Positivism carried out by Recife’s School generated the legal-philosophical bases that overcame Legal Culturalism, and demarcated the genesis of the Brazilian legal identity. The work chose the following Guiding Questions: a) What sense will be used to understand the meaning of Legal Positivism? b) What can be understood by Recife’s School? c) What are the philosophical and legal bases that influence the creation of Legal Culturalism? d) What is Tobias Barreto de Menezes' thesis about Culturalism? e) What is Miguel Reale's thesis about Culturalism? We will start from three basic hypotheses: a) Legal Positivism, as stated by Morrison (2006), constitutes a number of orientations designed to understand Law as a knowable phenomenon based on data and scientific readings in modern times. Thus, our first hypothesis is that one of these guidelines, fractionated, contaminated by later interpretations, is the guidance that arrives in Brazil in response to Spirtual Eclecticism and Portuguese Natural Law, wich will mediate legal criticism in Brazil; b) Antônio Paim (1999) asserts that the Recife School constitutes the first major critical and innovative movement within Brazilian thought, with many authors conceptualizing it as an “outbreak of new ideas”, the death of metaphysics in Slyvio Romero's, Germanism in Tobias Barreto, that is, an ideal scenario for the flourishing of a philosophical-legal identity. Our second hypothesis is that the answer to the problems with the reception of Positivism in Brazil is the development of the Legal Culturalism thesis, finally; c) Tobias Barreto de Menezes is one of the exponents of Legal Culturalism, establishing the philosophical-legal premises of this theory. This tradition will be studied by several authors from Recife’s School and is continued in the following century with the fruitful contribution of Miguel Reale. Our third hypothesis is that in this debate, covered by current questions about the theory of law, lies the genesis of the Brazilian legal identity.