Sobre o dever de cumprir o ordenamento jurídico e a atuação do juiz: uma análise da desobediência civil de Ronald Dworkin baseada na integridade

Abstract

This article aims to defend the possibility of the judge practicing an act of civil disobedience when a valid norm is contrary to personal issues of conscience. Will be exposed the three forms of civil disobedience (based on integrity, justice and politics). Only the first type of civil disobedience could be applied by the magistrate, since at the same time civil disobedience occurs against invalid laws (in such a way a judge would have the power to not apply them when exercising a constitutionality control, not being, disobedience) the disobedience based on integrity is due to personal issues of conscience, and the fact that someone’s personal conviction prohibits certain legal conduct is independent of the power that emanated it. It will show some concepts of Dworkin to justify civil disobedience by the judge, but not to understand it as an ideal attitude, since this author is contrary to judicial discretion