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A LóGICA DEDUTIVA SOB A óTICA DA INTERPRETA O JURíDICA E DA TEORIA DA DECIS O

DOI: 10.5747/ch.2011.v08.n01.h095

Keywords: Deductive Logical , Legal Positivism , Democratic State

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Abstract:

This paper discusses the application of deductive logical reasoning in the interpretation and legal decision, focusing on legal positivism and its base of constitution in a democratic state. The study aims to examine the contours of legal positivism from the perspective of one of its biggest critics: the philosopher Cha m Perelman. The investigation begins with the study of deductive and inductive logic, examining its relationship with the law, to achieve a legal theory that reaches the philosophical and political ideals of a democratic state. The research indicates that despite the logical deductive method to develop as an important tool in the legal world, it is not enough to express adequately a complex system that involves, above all, values whose goal is to achieve the realization of justice.

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