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José Sérgio de Jesus

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Open access Aug 2026

PRINCIPLES, HERMENEUTICS AND THE CRITIQUE OF LEGAL FORM: TOWARD AN EMANCIPATORY RECONSTRUCTION OF LEGAL RATIONALITY

This article examines whether the renewed normative role of constitutional principles and legal argumentation is sufficient to overcome formalism without shifting adjudication toward judicial decisionism. Its objective is to critically reconstruct contemporary legal rationality through a dialogue among post-positivism,...

José Sérgio de Jesus, Renan Fabian Lisboa · 0 citations

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