O uso de padrão decisional extrajurídico pelo Supremo Tribunal Federal (STF) e a tentativa de demonstração de uma razão jurídica suficiente no caso do julgamento da “desaposentação”

Abstract

The present text addresses the issue of the relationship between positive law and morality and seeks, through the hypothetical deductive method, a possible theoretical understanding of the probable legal reason that can be extracted from the reasons that justified the decision formulated in the judgment of Extraordinary Appeal RE 381367 by Supreme Federal Court, on the subject that was denominated of "disappearance". With the contribution of concepts of hermeneutics and juridical argumentation, the investigation will conclude that it is a settled case - law that tends to demonstrate a form of extra - judicial rationale for the decisions of the Court.