1. A utilização da mediação para a resolução de conflitos decorrentes do artigo 1.255 do Código Civil brasileiro a partir do estudo da irracionalidade das leis em Manuel Atienza.
- Author
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Dillmann, Alexandra Tewes and Colet Gimenez, Charlise Paula
- Subjects
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LEGAL documents , *CIVIL code , *LEGAL education , *BIBLIOGRAPHY , *JUDGE-made law - Abstract
The theme of this article is the irrationality of laws in Manuel Atienza and mediation, focusing on the use of mediation as a fairer response to the irrationality of laws, based on an analysis of Article 1.255 of the Brazilian Civil Code. The aim is to address the irrationalities that jeopardize the full and fair effectiveness of the article in question and how mediation can be seen as an appropriate and fairer means of dealing with conflicts generated by the legal fact provided for in the legal provision. To this end, the basic theory adopted is the theory of legislation proposed by Manuel Atienza. The research problem is: based on Manuel Atienza's study of the irrationality of laws, is the use of mediation the most appropriate means of dealing with conflicts arising from Article 1.255 of the Brazilian Civil Code? To achieve the results, the hypothetical-deductive approach was used, with an analysis of the relevant bibliography, legislation and case law. The results obtained from this analysis show that the article of law analyzed is irrational and that mediation offers greater justice for conflicts arising from the application of article 1.255 of the Brazilian Civil Code. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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