Legitimacy in the application of the alternative right 1 Fernando Muniz 2 Rayssa Amorim Summary: Introduction; The 1 silogstica interpretation of the norms; 1.1 The Tpica interpretation dialtico silogism; 2 Alternative Right; 3 legal Legitimacy to apply the alternative right; 4 Consideraes final SUMMARY The Alternative Right suggests a judgment form that favors the opressos of the society, that is, looks for to fill lacks that the positivada application of the right leaves, making, in such a way, an inversion of the critical marxist when analyzing the right as an instrument the service of the ruling classes. The practical one of the Jurist to apply the Alternative Right in its sentences has gained much force in recent years. However, such practical, in measure where it gains adhesions, also gains critical and questionings concerning the legitimacy of the judges to make its use. Legitimacy, Judge, Alternative Right, Legality. During all the historical process, we can perceive the diverse frames that the right assumes ahead of the 0ccasional necessities of each time.

In this direction, the right has been object of study of some doutrinadores, that they search to give to an accurate formula for its production and application. Of certain form, with the modern State monopolizing the right and positivando it, a formula was reached. Such model of production and application left as inheritance to the judge, a paper of ‘ ‘ mere detainer of frmula’ ‘ , this repassed it through all a pragmatic system, and with this, imported of the positivado right the reduction of its powers and its independence, losing, for example, the observed rational capacity in the jurisprudentes of the Roman law. Destarte, the search for the accurate concept of justice or one mold, is still, so vehement how much to the search for the one of the right.


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