A proporcionalidade como limite  jurídico ao direito negocial

Lucas Augusto da Silva Zolet; Fausto Santos de Morais

doi:10.5433/2178-8189.2015v19n1p149

The PROPORTIONALITY AS LEGAL LIMIT THE RIGHT NEGOTIATING

Authors

Lucas Augusto da Silva Zolet Southern Higher Education Complex - IMED
Fausto Santos de Morais Southern Higher Education Complex - IMED

DOI:

https://doi.org/10.5433/2178-8189.2015v19n1p149

Keywords:

Proportionality Maximum, Fundamental Rights, Judicial decision, Robert Alexy

Abstract

This paper proposes a maximum of proportionality study and its maximum partial, especially of the Negotiating law perspective and in the sphere of legal limitation for proportionality in the practice of commercial freedoms. The constant use of the maximum of proportionality, as the basis of judicial decisions without proper methodological rigor, triggers a debate about the use of the Theory of Fundamental Rights as a mere rhetorical reference, including criticism of an incomplete legal basis of the principle of proportionality, which by means of judicial decisions can take on a different character or subverted that provided in the doctrine of Robert Alexy.

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Author Biographies

Lucas Augusto da Silva Zolet, Southern Higher Education Complex - IMED

Fellow Masters of PROSUP / CAPES in the Graduate Strict Sense Program - Master of Law, IMED, Passo Fundo, RS. Lawyer.

Fausto Santos de Morais, Southern Higher Education Complex - IMED

Doctor and Master in Public Law, UNISINOS, RS, Brazil. Specialist in Tax Law, UPF, RS, Brazil. Professor at the Law School and the Graduate Program Strict Sense - Master of Law, IMED, Passo Fundo, RS, Brazil. Lawyer.

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Published

2015-06-08

How to Cite

da Silva Zolet, L. A., & Santos de Morais, F. (2015). The PROPORTIONALITY AS LEGAL LIMIT THE RIGHT NEGOTIATING. Scientia Iuris, 19(1), 149–166. https://doi.org/10.5433/2178-8189.2015v19n1p149

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Issue

Vol. 19 No. 1 (2015)

Section

Artigos

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