Pretensão de legitimidade das sentenças jurídicas e justificação racional

Abstract

In a juridical sentence a preference is established that needs to be justified, because such preferences implicate in the trial that the chosen alternative is in some way the best, being it therefore, a judgment of value. Once there is an intention of legality in professing the sentence and since juridical dogma and jurisprudence intend to have scientific character, they should avoidas much as possible decisionism, arbitrariness. and irrationality, which is only possible if they start off with rational and normative criteria, that is sufficient to guarantee reliability to their judgments of value, be they explicit or implicit.The result is that, the study of the pretension of legality of adjudication and the sentence it is one of the most important tasks of juridical methodology, because if juridical methodology cannot supply criteria that can assure reliability to the pretension of correction of adjudications and the pretension of correction of the sentence,this criteria will have an arbitrary character, and will lack rational legality, which would have as an implication lack of sustainability of the scientific character of jurisprudence, of their adjudications and of their decisions; decisions that are of fundamental importance, since they affect the life, property, freedom, safety, etc of people and of society, reason for which one should avoid arbitrariness and approximate, the maximum possible, to correction and justice.