Coerência, integridade e decisões judiciais

Abstract

This article aims at showing how Ronald Dworkin’s and Klaus Günther’s theories are complementary and offer a good grounding for legal decisions, especially in hard cases. “Good” in the sense of its coherence and integrity which, on its turn, resignifies the task of the Judiciary, especially, constitutional courts. Both authors claim that the application of law does not constraint itself in subsuming a fact to a general and abstract standard. Judge’s role is also to construct and reconstruct the law by means of its application based on principles. In this sense, both authors distinguish legal decision from political decision (application and legislation), as well as the kind of argument on which they are based.