Um breve ensaio sobre a relação entre direito e moral na jurisdição constitucional brasileira à luz da obra medida por medida, de William Shakespeare

Abstract

The paper intends to analyze the aplication of Exegetical Positivism moral in the legal field, by the movement of the Free Law School to the values precedent. At the same time, the intention is to discuss the presence of values and principles at the post-second World War, especially in the case of Brazil. The problem of this research refers to the question about which is the space of a moral in the laws field. Besides that, the research want to discover the relationship between values and principles. The research intends to question if the actual Democratic State of law supports an “Angelo”, character at the Shakespeare play, which sometimes is servant of the law - looking to the law literally -, and sometimes is owner of the law interpretation, releasing hand of subjective moral convictions to say what is Right. Finally, the study is relevant, because debate sensitive topics of philosophy of law, theory of law and Hermeneutics, as well as develop similarity between law and Literature in building of a critical reasoning.