A Dinâmica Da Relação Entre Poder E Direito No Tridimensionalismo Jurídico De Miguel Reale

This paper examines the conceptions of sovereignty, power and law within the framework of Miguel Reale's public law theory.From Reale's point of view, the many interactions of power and law both within the civil society and the State form partial legal systems aspiring to become part of the whole system of State Law through a sovereign decision.Reale departs from Kelsen's theory in that he does not equate the Law and the State and recognizes decision as a fundamental part of the formation of legal order.Thus Reale's theory remains relevant as an attempt to establish both the dynamics of society and the power of the State as the basis for the formation of Law, and the protection of the rights of the citizens and their participation in the public decision-making processes as the basis for the legitimate exercise of sovereignty

Humanities · Political science · Brazilian Legal Issues · Comparative constitutional jurisprudence studies · Social and Political Issues · Philosophy

• Fundamentos do Direito

  Arthur Child, Miguel Reale•Philosophy and Phenomenological…•1946

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