Os métodos do direito comparado: por um pluralismo metodológico e um comparativismo crítico

Abstract

The intensification of interactions world wide has given Comparative Law a new prominence and relevance, from which several questions emerge, mainly about the ways to undertake a comparative study in a consistent and safe way. The present work seeks to systematize, in a didactic way, different methods of Comparative Law, bringing forward its techniques, advantages and dangers. Thus, it is intended to assist students and researchers interested in comparative research, calling attention to the precautions to be taken in order to avoid problems in the comparison. The functionalist, structuralist and hermeneutical methods will beanalyzed, pointing out the hypotheses in which each of these can be better employed. Comparative Law can be a useful instrument for criticaly assessing both foreign and domestic law, in addition to allowing the improvement of institutions and institutes, provided that essential care is observed to ensure their coherence. The study of each of these methods allows the comparator to better understand his own analysis and avoid problems that are commonly identified in the application of these methods. Conclusively, it is pointed out that the adoption of a methodological pluralism and a critical comparativism, which combine the main advantages of each method for the analysis to be performed, can provide the best option for those who intend to take the paths legal comparison.