Dogmatics and effectiveness: the role of legal scholarship in the clearence of spaces of freedoms

Authors

  • André Luiz Arnt Ramos

Keywords:

Dogmatics. Effectiveness. Legal Scholarship. Constitutionalization of Private Law. Substantial Legal Certainty

Abstract

Brazilian legal scholarship, in the midst of the critical dogmatism that gained momentum with the promulgation of the Federal Constitution in 1988, reached some level of consensus regarding the third-party effect of constitutional principles and fundamental rights. This is a typical symptom of the ongoing transition from (modern) Rechtstaat to (contemporary) Verfassungsstaat, which entails a deep need of rethinking the relations between legislation and jurisdiction. This deployment, whilst accounted for by some sectors of current legal scholarship and of the utmost importance, still lacks awareness of its great complexity and some incisive coping in the sight of promoting a true realization of human dignity (beyond simple enunciation), by opening and preserving spaces of freedoms. These, in the context of the twists and turns that mark the aforementioned transition, especially in regard to the contemporary meaning attached to legal certainty, in the light of recent rearrangements of the relationship between legislation and jurisdiction, call for the opposition, by legal scholars, of substantial demands in terms of argumentation to jurists in general and judges in particular. This article departs from an outline of challenges posed by the downfall of modern Rechtstaat and the rise of contemporary Verfassungsstaat in relation to the achievement of an authentic human dignity, by means of progressive work of legal scholars towards granting effectiveness to what is already stated and well established in the field of Dogmatics.

Published

2017-07-11

How to Cite

Ramos, A. L. A. (2017). Dogmatics and effectiveness: the role of legal scholarship in the clearence of spaces of freedoms. Revista Brasileira De Direito Civil, 11(01). Retrieved from https://rbdcivil.emnuvens.com.br/rbdc/article/view/27