A CONTINUIDADE ENTRE A FORMA E O IDEAL MORAL: TRÊS CONCEPÇÕES DE ESTADO DE DIREITO

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Ricardo Marquisio Aguirre
https://orcid.org/0000-0001-6376-8533

Abstract

The purpose of this paper is to present a typology of normative conceptions of the rule of law, based on the functions that the ideal can fulfill in relation to different problems faced by legal systems. The methodology is bibliographic analysis. As an alternative to the view of the rule of law as an essentially contested concept, I propose that the various conceptions are adequately understood when taken as answers to questions, which are not exclusive, about the avoidance of arbitrariness in the exercise of power, the optimal way to create law to maximize the autonomy of people and the moral justification of the collaborative bond between participants in legal practice. From the analysis of the conceptions presented, it is concluded that, although they take different values as central (the form of law, legality and reciprocity between autonomous moral agents), these are not incompatible and, therefore, there is no contradiction in assume at the same time the three versions of the ideal.

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How to Cite
MARQUISIO AGUIRRE, Ricardo. A CONTINUIDADE ENTRE A FORMA E O IDEAL MORAL: TRÊS CONCEPÇÕES DE ESTADO DE DIREITO. Conpedi Law Review, Florianopolis, Brasil, v. 10, n. 1, 2024. DOI: 10.26668/2448-3931_conpedilawreview/2024.v10i1.10741. Disponível em: https://indexlaw.org/index.php/conpedireview/article/view/10741. Acesso em: 19 nov. 2024.
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