Acceso usuarios
Andityas Soares de Moura Costa Matos, Joyce Karine de Sá Souza
This article proposes a reflection on the persistence of Nazi jurisdictional models in contemporary legal theory, briefly comparing the work of authors such as Wolf, Larenz, Schmitt, Dworkin and Alexy. It aims to demonstrate the authoritarian and radically undemocratic character of certain theoretical constructions used in adjudication, particularly in Brazil. For this purpose, three representative judicial decisions from 2016 are analyzed, highlighting typical structural features of Nazi legal theory which remain accepted by current legal theory, such as the disregard for legality, the personification of the community as judge and the appeal to social values which are taken as self-evident.
