A idéia de proporcionalidade no direito : uma análise sinepéica

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This work concerns the notion of proportionality in law under a cultural perspective. Its based, therefore, on Wolfgang Fikentschers theory, mainly on the modes of thought concept and the synepeics metatheory. It reveals that, despite widespread opinion, the proportionality concept is not an universal one. On the contrary, it is a typical idea of a few given contemporary law systems called structured in the above mentioned theory. Proportionality brings together essentials and almost always conflicting elements of these law systems, and tries to balance them: on one hand, measures concerning the common good democratically imposed by majority, and on the other, the fundamental rights. Proportionality looks forward, thus, to conciliating the rational ethics from the Greek philosophy with jewish-christian value of human dignity, which is secularized in modern constitutions. Proportionality aims to harmonize both ethic extraposition species.

ASSUNTO(S)

direito fikentscher, wolfgang, 1928- filosofia proporcionalidade-direito

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