MORAL, POLITICS AND METHOD: THE INFLUENCE OF RONALD DWORKIN´S PHILOSOPHY ON THE BRAZILIAN SUPREME COURT
DOI:
https://doi.org/10.17768/pbl.y2.n2.p287-307Resumen
This article analyses the use of Ronald Dworkin’s philosophy by the Brazilian Supreme Court. After the Constitution of 1988, the Supreme Court gained a new and broader role in Brazilian political scene. At this time, the work of Ronald Dworkin (and its Brazilian editions) became popular and served as justification for four of the most important cases on the Supreme Court: the fidelity of Congresist’s members on their Political Party; the permission of embryonic stem cells research; the unconstitutionality of press regulation; and the homosexual civil union. Dworkin’s philosophy is a part of the changing-role of the Supreme Court in Brazil. This article offers a demonstration of the use of this philosopher in this in-progress process.
Descargas
Publicado
Cómo citar
Número
Sección
Licencia
Panorama of Brazilian Law employs Open Journal Access policies.
Authors are fully and exclusively responsible for their submissions.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License that allows others to share the work on a non-comercial basis with an acknowledgement of the work's authorship and initial publication in this journal and indicating if any changes were made. If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
