Monografia

As origens filosóficas do direito frente as correntes jusnaturalista e juspositivista

This monograph aims to make a comparative analysis between Natural Law (Jusnaturalism) and Positive Law (Legal Positivism), looking closely at how the State is located in the construction of Law. Given the above we intend to make a reflection about the origins of the law, from which as we know it to...

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Autor principal: Jesus, Meryelen da Cruz de
Grau: Monografia
Idioma: pt_BR
Publicado em: Universidade Federal do Tocantins 2020
Assuntos:
Acesso em linha: http://hdl.handle.net/11612/1863
Resumo:
This monograph aims to make a comparative analysis between Natural Law (Jusnaturalism) and Positive Law (Legal Positivism), looking closely at how the State is located in the construction of Law. Given the above we intend to make a reflection about the origins of the law, from which as we know it today, for that we will approach the two main currents that contributed most to its formation, the jusnaturalist and juspositivist current, the context, its main characteristics, the main indoctrinators, and their basic foundations. We will also focus on the evolution of the currents, the main criticisms and the repercussions that still occur today when we deal with the influence generated by the currents, the ideals of justice formulated, and their role in the application of current law. The research allows to demonstrate through the study how the formation of the state occurred, its role along the development in both currents and its relation with the law. For the construction of this research the deductive method was used, the research was exploratory and qualitative and the data collection took place through bibliographic research.