Direct Action Of Inconstitutionality N. 5.766 / DF: Under the Argument of Law and Economics?
DOI:
https://doi.org/10.31501/ealr.v14i1.12252Abstract
This text intends to discuss the Direct Action of Unconstitutionality n. 5,766/DF, especially in what permeates the arguments established by the Law and Economics, brought by Ministers Luis Roberto Barroso and Ricardo Lewandowski in their votes. Based on a systemic methodology, it examines the divergent arguments about the scope and reception of this strand by the constitutional text, as well as disagreement among ministers about its meanig. While Minister Barroso upholds the constitutionality of Law and Economics, Minister Ricardo Lewandowski affirms its unconstitutionality, which makes dissent the hallmark of the debate. Finally, the perspective of the need a theoretical vision of the problem in order to consolidate a rational minimum on the subject, including differentiating the terms "Law and Economics" and "Economic Analysis of Law”.
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