A dialética jurídica e cultural: Uma análise da tridimensionalidade no Direito brasileiro
This article analyses the relationship between Legal Culturalism and Miguel Reale's Three-Dimensional Theory of Law, investigating how this correlation overcomes the limitations of legal positivism when interpreting norms in Brazil. The central research question is: how does the fact-value-norm triad adapt Law to social demands? The present hypothesis states that the three-dimensional approach provides greater flexibility to the legal system. Using a hypothetical-deductive methodology and qualitative analysis of case law and doctrine, the study demonstrates how courts apply this theory, proposing periodic reviews of Binding Precedents and multidisciplinary training for legal professionals to align Law with social reality.
Publication Details
- Journal
- Dialnet (Universidad de la Rioja)
- Published
- 2025-01-01
- Primary Topic
- Brazilian Legal Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00