Spectra of Nonet and Selznick in the Supreme Federal Court and in the Superior Court of Justice: The repressive, autonomous, and responsive legal systems
DOI:
https://doi.org/10.5380/rfdufpr.v64i2.62771Keywords:
Philippe Nonet. Philip Selznick. Repressive Law. Autonomous Law. Responsive Law.Abstract
This article deals with the legal models created by Nonet and Selznick, present in the book Law and Society in Transition: Toward Responsive Law – respectively, repressive law, autonomous law, and responsive law –, to investigate if such models could find correspondence in part of the jurisprudence of the Superior Court of Justice (STJ) and the Supreme Federal Court (STF) (Brazil). The law models created by Nonet and Selznick are ideal types that can be useful in the effort to understand the diversity of the legal phenomenon that is due to the dynamic behavior of its agents, but it is necessary to know if there is any empirical correspondence in the practice of the justice system. In effect, the article has two objectives: 1) to present in a synthetic way the models of law proposed by Nonet and Selznick; and 2) to point out decisions within the jurisprudence of the higher courts (STJ and STF) that identify and reveal profiles corresponding to said models of law.
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CASOS
STF – 1° TURMA – HC 124306. Disponível em: https://bit.ly/2gVML1d.
STF – HC 98712. Disponível em: https://bit.ly/2M6RcJf.
STF – RHC 61993. Disponível em: https://bit.ly/2YSjBbR.
STJ – HC 160.982. Disponível em: https://bit.ly/2KokNf5.
STJ – RESP 686965. Disponível em: https://bit.ly/2MPpzEa.
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