ECONOMIC ANALYSIS OF LAW AS ELEMENT OF STRUCTURING THEORY OF LAW APPLIED TO STRUCTURAL INJUNCTIONS

Authors

DOI:

https://doi.org/10.11117/rdp.v19i103.6594

Abstract

The present article places its problem in the difficulties faced with the sentences of the Brazilian Judiciary, to complex litigations involving fundamental rights, regarding decisions that, many times, fail to frame the social reality. As an object of study we have the Structuring Theory of Law, by Friedrich Müller, mainly his Methodical. As research objectives, it’s intended: First, analyze the Structuring Theory, as a theoretical contribution capable of helping the reasoning of the decisions. Second, frame the Economic Analysis of Law as a possible materializing element of the norm. Third, investigate the contribution of the Structuring Theory of Law, especially with the integration of Economic Analysis, to structural injunctions in Brazil. The methodology used is the hypothetical-deductive approach, using the monographic procedure. In conclusion, it’s verified that the adoption of the Structuring Theory, in the process of construction of the norm, related to structural injunction, contributes to the toning of the practice as an agreed and effective tool in the Democratic State of Law.

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Author Biographies

Virginia Telles Schiavo Wrubel, Pontifícia Universidade Católica do Paraná (PUCPR). Curitiba (PR). Brasil

 Discente do Doutorado na Pontifícia Universidade Católica do Paraná (PUCPR). Mestre em
Direito pela Universidade Paranaense (Unipar).

Márcia Carla Pereira Ribeiro, Pontifícia Universidade Católica do Paraná (PUCPR). Universidade Federal do Paraná (UFPR). Curitiba (PR). Brasil

Marcia Carla holds a Bachelor’s Degree in Law from Universidade Federal do Paraná (1987), a Master’s Degree in Law and a PhD in Law from the same university. She is a Full Professor at Pontifícia Universidade Católica do Paraná, an Associate Professor at Universidade Federal do Paraná. She was a General Prosecutor at Paraná State. She was a visiting professor in a post-doctoral intership at the Law School of Fundação Getúlio Vargas and an invited researcher at Université de Montréal. Maria Carla holds a post-doctoral from Law School of Universidade de Lisboa and of Université Paris 1 Pantheón-Sorbonee.

Published

2022-10-31

How to Cite

Telles Schiavo Wrubel, V., & Pereira Ribeiro, M. C. . (2022). ECONOMIC ANALYSIS OF LAW AS ELEMENT OF STRUCTURING THEORY OF LAW APPLIED TO STRUCTURAL INJUNCTIONS . Public Law, 19(103). https://doi.org/10.11117/rdp.v19i103.6594

Issue

Section

Dossiê Temático - "A Teoria do Direito de Friedrich Müller"