The called Alternative Law

Authors

  • Goffredo da Silva Telles Junior

Keywords:

Sentença contra legem, Interpretação, Justiça e caridade.

Abstract

Rule by judges from Rio Grande do Sul State: "The Law above the rule of law. The judge is bound to Justice not to the law. Unjust law must not be applied". Irrealistic ideal. In case of conflict in a concrete case the judge is asked not to follow his personal feeling of Justice, but to give a legal opinion concerning the law commandment on that concrete case. To avoid arbitrary opinion it is mandatory to avide by the law. A judicial decision in deliberate violation of the law justifies legal action against the judge. The true mission of the judge: to apply the law according to jurist's logic, that is, the logic of jurisprudence - the logic of the reasonable argument. The problem of interpretation of the legal rule. Justice and charity: the role of the these virtues on human activity.

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References

Published

1999-01-01

Issue

Section

Não definido

How to Cite

TELLES JUNIOR, Goffredo da Silva. The called Alternative Law. Revista da Faculdade de Direito, Universidade de São Paulo, São Paulo, v. 94, p. 73–80, 1999. Disponível em: https://revistas.usp.br/rfdusp/article/view/67433. Acesso em: 4 nov. 2026.