Procedimentalismo: superação da teoria e seus fatores

Vinicius Almada Mozetic; Paulo Junior Trindade dos Santos

doi:10.5433/1980-511X.2017v12n2p104

Authors

Vinicius Almada Mozetic University of the Valley of the Sinos River - (UNISINOS).
Paulo Junior Trindade dos Santos University of the Valley of the Sinos River - (UNISINOS).

DOI:

https://doi.org/10.5433/1980-511X.2017v12n2p104

Keywords:

Proceduralism. Substantialism. Judicial politicization.

Abstract

In this axis the law has major influence on policy in this respect the Law is no longer subordinate to politics as if it were the instrument, but it is politics that becomes the law acting instrument subordinated to bonds and her taxes the constitutional principles: Negative bonds, such as those generated by the right to freedom cannot be infringed; positive links, such as those generated by the social rights that must be met. And yet, the political power has an obligation to its regulatory authority to merge with the law. However, this reconstruction also reveals that the law only keeps legitimating force as can function as a source of justice. And this must continue as such; while political power is at hand, as a source of strength, coercive means the barracks.

Author Biographies

Vinicius Almada Mozetic, University of the Valley of the Sinos River - (UNISINOS).

PhD in Law from the University of Vale dos Sinos River - (UNISINOS). Master in Law from the University of Santa Cruz do Sul (UNISC). Post-graduation in Constitutional Law from the University of Western Santa Catarina (UNOESC). Postgraduate in Environmental Law from the Pontifical Catholic University of Rio Grande do Sul (PUCRS). Postgraduate in Environmental Management from the University of the Northwest of the State of Rio Grande do Sul (UNIJUÍ). Postgraduation by the Superior School of Magistracy of the State of Santa Catarina - ESMESC. Graduation in Law by the University of the West of Santa Catarina - Chapecó. Visiting Professor of the Postgraduate course in Law from UNIVALI-Itajaí / SC. Active member of the Federal Work Team - Argentina. Visiting Professor at Charles University, Prague, Czech Republic. Visiting Professor at Peoples Friendship University, Moscow - Russia. Visiting professor and member of the research group - per lactualització del dret de la persona i familiar - UAB-Barcelona. Visiting Professor at Cardinal Stefan Wyszyski University, Warsaw - Poland. Member of the research group of the Master of Laws of UNOESC, Chapecó - Brazil. Lawyer.

Paulo Junior Trindade dos Santos, University of the Valley of the Sinos River - (UNISINOS).

Doctorate and Master in Public Law with emphasis in Civil Procedural Law by UNISINOS, with CAPES - CNPq. Postgraduate in Specialization in Civil and Labor Procedural Law by the Association of Labor Magistrates of the 12 Region (AMATRA12). Graduated in Law from the University of Western Santa Catarina (UNOESC).