Análise sobre a adoção do pragmatismo jurídico por meio da inclusão do artigo 20 na Lei de Introdução às Normas do Direito Brasileiro

Abstract

The Law nº 13.655/2018 included provisions in LINDB with the main objective of raising the levels of legal security and efficiency in the creation and application of public law. In view of the many criticisms leveled at article 20 and its relevant impact on the performance of public agents, this study aimed to assess whether these changes can translate the adoption of the theory of legal pragmatism in Brazilian law, as well as its suitability to achieve the objectives of law. For the pursuit of this end, the assumptions of the theory of legal pragmatism by Richard Posner and Neil MacCormick were adopted as theoretical framework, structuring itself on the legal-dogmatic aspect, through deductive hypothetical reasoning. Content analyzes were performed, evaluating the justification of the law's proposition and the assumptions of the theory of legal pragmatism, through a bibliographic survey, as well as studies that dealt with the application of consequentialist arguments in decisions. It concluded that the legislator did not choose to adopt the aforementioned theory and that, furthermore, its use is not adequate to meet the demands of the law, in particular those relating to the achievement of legal certainty and predictability of decisions, given the numerous challenges for your application.