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- Title
(In)viabilidade do princípio da afetividade.
- Authors
Pereira Junior, Antonio Jorge; de Oliveira Neto, Jose Weidson
- Abstract
The article deals with the viability of the principle of affectivity in the Brazilian legal system as it is understood by part of the doctrine and applied by the judiciary, and proposes a new reconfiguration as principle of family solidarity. From hermeneutical science elements as principles and rules, it analyses the appropriateness and configuration of so-called “principle of affectivity” in the Family Law. It suggests a more appropriate way to apply it, in accordance to the Brazilian legal system. It presents brief review about rules and principles, notably the theory of Dworkin and Alexy under criticism of Humberto Avila and Lenio Streck. It suggest the application of the reconfigured principle, and emphasizes the importance of respect of the textual limits, standards and benchmarks of this activity. As methodological criteria, the research was based on specialized bibliography and on the jurisprudence of the Courts.
- Subjects
BRAZIL; JUSTICE administration; SOLIDARITY; FAMILIES; HERMENEUTICS; JUSTICE administration policy; JURISPRUDENCE
- Publication
Universitas Jus, 2016, Vol 27, Issue 2, p113
- ISSN
1519-9045
- Publication type
Article
- DOI
10.5102/unijus.v27i2.4170