Entre a abordagem pragmática e o direito como integridade: um estudo de caso a partir da Lei da Ficha Limpa

Abstract

This current masters degree research is located at the legal decision theory field and aims to test two importatn slopes fo the Noth American legal system towards the brazilian legal system. With this goal we start with the discretion of Ronald Dworkin's law as integrity theory and Richard Posner's pragmatism, pointing, as a sequence the most valueble arguments of the discussion between both authors. After putting down the theoretical assumptions wich will guide the investigation we will follow to the analysis of four cases from the Supremo Tribunal Federal about the Lei Complementar nº 135/10, popularly known as "Lei da Ficha Limpa". Such analysis will select the arguments thrown by the judges, specially those relatingon on whether or not the said law at the general elections in 2010 facing the electoral anteriority constitutional principle. The theoretical referencials, when tested at the judges votes, reveal how much the pragmatic approach aparts itself from the democratic commitment, insofar the the law as intregrity theory may leads us towards the construction of a plural and coherent society project.