Banca de DEFESA: PEDRO DE OLIVEIRA ALVES

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : PEDRO DE OLIVEIRA ALVES
DATE: 28/06/2021
TIME: 14:00
LOCAL: VIDEOCONFERÊNCIA
TITLE:

MUTAÇÕES CONSTITUCIONAIS NOS DISCURSOS JURÍDICOS: O PROBLEMA DA EVOLUÇÃO DO DIREITO NA TEORIA DA DECISÃO A PARTIR DO RACIONALISMO CRÍTICO

KEY WORDS:

Constitutional interpretation; Constitutional change; Critical Rationalism.

PAGES: 230
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research has investigated the following problem: what are the possibilities and limitations of a model based on “Critical Rationalism” for the improvement of analyzes on the changes in the meaning of legal norms? To face the problem, the hypothesis presents the possibility of building a situational analytical model. First, reflections on the application of Karl Popper's Critical Rationalism to constitutional operations are developed. Then, an investigation on constitutional change is carried out based on three elements: a) its meaning in German literature; b) its characterization in Brazilian literature and its impact on Graduate Programs in Brazil; c) empirical analysis of the decisions of the Federal Supreme Court (1988-2018). Different uses of legal argumentation about constitutional changes in Brazilian practice were visualized, contributing to an analysis based on the identification of the main problems of legal argumentation. The investigation consisted of a study influenced by Karl Popper's methodology: a) facing the problem; b) launching a falsifiable hypothesis; c) critical discussion and falsifiability of the hypothesis before the observed reality; d) refutation or corroboration of the theory. Among the results obtained, a critique of constitutional change was presented based on a broad set of empirical data and the main bibliographic references on the subject. In addition, based on the guidelines of Critical Rationalism, a model of critical analysis of constitutional changes was also built based on Karl Popper's situational logic. Based on the specific study of legal problems and the responses usually offered by tradition, the analysis develops other perspectives for the realization of regulatory purposes through the construction of possible scenarios. Finally, the thesis contributes to the discussions on essential questions of the theory of law from a perspective that considers the evolution of legal knowledge as transformations based on the law’s critical reason.

BANKING MEMBERS:
Externa à Instituição - JANE REIS GONÇALVES PEREIRA
Externo à Instituição - HUGO DE BRITO MACHADO SEGUNDO
Interno - 3199252 - ALEXANDRE RONALDO DA MAIA DE FARIAS
Presidente - 801.987.590-53 - ANDREAS JOACHIM KRELL - UFPE
Interna - 035.055.564-83 - LORENA DE MELO FREITAS - UFPE
Interna - 1260443 - MARIANA PIMENTEL FISCHER PACHECO