Consequentialism and legal arguments in brazilian court decisions

Abstract

This article seeks to carry out a study on different theories of the judicial decision: that of consequentialism, which brings the need to observe the existing consequences of a given decision; and that of legal argumentation, which brings criteria to be observed for the construction of a decision. Both these theories have their aspects of convergence that this paper will address. Moreover, these theories were received in Brazil although under different perspectives. In spite of the complexity and relevance of these theories, the national reception by doctrine and jurisprudence always brings an innovative element, signaling the capacity for intellectual reformulation, in the sense of offering other perspectives. This paper highlights the Brazilian intellectual attention on the international reflection of Law and democratic policy.