Lei Positiva e Moralidade: A evolução dos conceitos de Razão Prática e Bens Humanos Básicos na Teoria legal e a influência destes na evolução mais recente da jurisprudência e doutrina jurídica brasileira.

Abstract

In this Master‘s degree dissertation we intend to expose how the concepts of 'practical reason' and 'basic human goods' have been evoluted secularly in legal theory, offering enphasis in this concepts importance throughout the field more contemporary denominated 'new natural law theory', comprehended as a theoretical school wich is anchored by the development of formulations, in the normative ethics field, arisen specially through the propositions developed since Thomas Aquinas ideas. Authors as John Finnis have been offering a expansion of this ideas, wich has proportioned relevant debates and questioning in the ambit of ethical philosophy and consequently in the ambit of legal philosophy and the so called legal theory. When developing the present work we intend to verify if and how these principles and concepts have exerted influence upon the most recent evolution in brazilian jurisprudence and legal theory, spanning over the analisys of the most contemporary jurisprudential developments and tendencies, as the so called ‗vinculate understandings‘ and 'general repercution' legal precedentes, in accordance to brazilian legal theory, not only about its formal characteristics but also about its approach in relation to the ethical aspects treated in the sentenced trials. In conclusion we would try to justify how the neo-jusnaturalist approach, in the contemporary context, presentes itself as a concise and feasible alternative, regarding the provision of parameters likely to solve the ethical dilemas wich the courts and supervisory agencies more contemporary come across while promoting the legal state activity.