Direito como liberdade: uma perspectiva pluralista do direito

Abstract

The present monograph presents the contemporary legal system analyzing the different sources of law as the basis for judicial decisions and the consequent need to overcoming state monism, given that this model of legal-formalist action is no longer capable of meeting social needs. Thus, it is necessary to discuss the Law beyond state legalism, connecting it to its public space par excellence - the streets. Initially, the following legal movements were approached: monism, positivism, pluralism and post positivism, comparing them in order to demonstrate what best suits the contemporary legal system, it was also addressed about the possibility of there being a judgment beyond the literalness of the law and what that judgment would mean. He presented critical theories of law, in their practical and theoretical conceptions as an alternative form of conflict resolution, which contribute to the construction of a new legal culture and which are seen as a way of bringing justice / right to all people, such as: Pluralism cool and right found on the street. In relation to the other sources of law, he sought to emphasize the principles, exposing cases that occurred in Brazil in which this source was applied as a basis for decision making. To achieve the proposed objective, the deductive method was used, materialized in the bibliographic research to collect the data needed. It was evident that good judicial decisions must be built based on the particularities of each demand and that the law, when applied in isolation, is sometimes not able to do justice, as it does not have the expected social character.