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- Title
LA ESCUELA DE LA EXÉGESIS Y LA INVESTIGACIÓN CIENTÍFICA LIBRE: Reflejos Hermenéuticos Jurídicos en Brasil (1873 a 1887).
- Authors
Macêdo, Maurides; Rosa Cavalcante, Jessica Painkow; Barnabé Batista, Leonardo Matheus
- Abstract
The objective of this paper is, through the literature review, provide an overview of the Exegesis School, the Scientific School and the Free Law School. The method was bibliographic research and analysis of documentary sources. For the analysis about the legal hermeneutics in Brazil, the legal journals of circulation of the time were used as source. Through the study of classical authors who wrote about theses themes, seek to relate the main characteristics of Exegesis School, the Free Scientific Research, and, show the development of Free Law School, in Germany. The contribution will be given to theoretical enrichment on the development of legal hermeneutics in Brazil in the century XIX, analyzing the influences suffered during the heyday of the Exegesis School (1830-1880). As a result, it is possible to perceive the significant influences of French and German law in Brazil in the years after 1800, some of them present in the current legislation, and the important notes of the Brazilian jurist Clóvis Beviláqua, in 1904, on the need to go beyond exegetical "interpretation", uniting positive and scientific rules, law and jurisprudence, so that we can systematically organize the rules of law.
- Subjects
BRAZIL; FREE schools; LAW schools; EDUCATIONAL law &; legislation; HERMENEUTICS; TIME management; JURISPRUDENCE
- Publication
Quaestio Iuris (QI), 2023, Vol 16, Issue 1, p281
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2023.64959