Jurisdição e ausência de uma teoria da decisão

Abstract

Legal scholars have not attached due importance to legal decision. In discussions on overcoming legal positivism, legal theorists have privileged the matter of interpretation. However, it is not difficult to perceive this absence. One indication of it is the Brazilian law's institutionalization of binding mechanisms, such as binding precedents and general repercussion, aimed at actually stopping that "hermeneutic state situation" that took place in Brazil, especially during the early 1990's. Therefore, the purpose of this work is to present some critical elements to better understand the problem.