Crítica sintética ao positivismo kelseniano como teoria de interpretação da norma jurídica

Abstract

The article revisits some central ideas of Hans Kelsen’s positivism, aiming to expose that, although endowed with some coherence concerning his theory about the validity of Law, when making a methodological choice to isolate the influence of values on Law; it does not present a true interpretation theory of the juridical norm. Based on the formulation of the “picture or frame”, due to the polysemous nature of the juridical norm, Kelsen concludes, at the end, for the decision of the interpreter’s act of will, which enables to identify his interpretation theory as a decisionist approach of Law.