A exigência de coerência e integridade nas decisões judiciais segundo Ronald Dworkin: uma análise a partir do julgamento pelo Supremo Tribunal Federal do habeas corpus 152.752-PR em favor do ex-Presidente Luiz Inácio Lula da Silva

Abstract

This paper discusses the demanding for coherence and integrity in judicial sentences according to Ronald Dworkin’s theoretical perspective, to whom Law is an interpretative science that can be understood through the analogy between legal practice and chain novels. As novel writers, jurists must write a new chapter along every trial, but respecting what has already been written in order to keep the flow of history in the most coherent way possible. By overcoming positivism and pragmatism, Dworkin’s theory of “Law as Integrity” aims to be recognized as the theoretical proposal that can be compared the most to constitutional democracyBased on such premises, we analyzed the trial of habeas corpus 152.752 in favor of the former president Luiz Inácio Lula da Silva, in order to evaluate if the Ministers’ decisions met the coherence and integrity standards demanded in judicial sentences. The research technique was monographic and the approaching method was dialectical.