What if Activism comes to Supranational Courts?

An exam of the Lagos del Campo vs. Peru case from the Legal Hermeneutics criticism

Authors

DOI:

https://doi.org/10.14393/RFADIR-v47n1a2019-47479

Keywords:

International Law, Legal Hermeneutics Criticism, Activism

Abstract

This article aims to study the possibilities of a theory of judicial decision in the scope of international courts. In order to do so, the work questions the extent to which it would be possible to apply the Hermeneutic Critic of the Law to the judgments given by the courts based on the recent judgment of the Inter-American Court in Lagos del Campo v. Peru. From the theory of Lenio Streck, it was observed that the international jurisdiction has approached a judicial activism, which was evidenced from the case studied, showing, therefore, relevant the institution of a paradigm that allows the epistemological constraint of international court decisions. With this, it was concluded that, based on the Hermeutic Critic of the Law, even in terms of Public International Law, it is not any decision that can be taken, since the definition of the legal norm is not available to the alder of the judge.

Downloads

Download data is not yet available.

Author Biographies

Marina de Almeida Rosa, UniRitter

Mestre em Direito Público pela UNISINOS, com Bolsa CAPES/PROEX (2019). Especialista em Direito Internacional pela Universidade Federal do Rio Grande do Sul (2016). Bacharela em Direito pela FMP/RS (2015). Professora da UniRitter Laureate International Universities/RS nos cursos de Direito e Relações Internacionais. Advogada.

Augusto Carlos de Menezes Beber, Unisinos

Mestre em Direito Público pela UNISINOS, com bolsa CAPES/PROEX. Bacharel em Direito pela Universidade de Santa Cruz do Sul (UNISC), onde foi bolsista de Iniciação Científica (2013-2016). Professor visitante da UNEMAT - campus Vila Rica. Procurador Municipal.

Downloads

Published

2019-07-22

How to Cite

de Almeida Rosa, M., & de Menezes Beber, A. C. (2019). What if Activism comes to Supranational Courts? : An exam of the Lagos del Campo vs. Peru case from the Legal Hermeneutics criticism. Journal of the Faculty of Law of the Federal University of Uberlândia, 47(1), 225–251. https://doi.org/10.14393/RFADIR-v47n1a2019-47479

Issue

Vol. 47 No. 1 (2019): Journal of the Faculty of Law of the Federal University of Uberlândia

Section

Articles

License 

 
FREE ASSIGNMENT OF COPYRIGHTS - By submitting the article on the website, the main author and other co-actors, if any, authorize(s) the Journal of the Faculty of Law of the Federal University of Uberlândia to publish the article of their authorship. Consequently, through submission, the author and his co-authors, if any, freely assign copyright to the article, reserving only the rights to intellectual property. He/They further declare(s) that the ideas and concepts issued therein are entirely his/their responsibility, as well as expressing agreement with the graphic corrections that may be made.