congress
Seminar on Fundamental Rights and Theories of Proportionality with German jurist Robert Alexy
The German jurist Robert Alexy, one of the greatest philosophers of law today, gave a lecture last Wednesday (12) at the Faculty of Law of the University of Buenos Aires on the Theory of Proportionality.
The jurist is one of the main theorists of constitutional hermeneutics and fundamental rights. Robert Alexy is Professor of Public Law and Philosophy of Law at the University of Kiel, Germany. His research focuses on the interface between Constitutional Law and Philosophy of Law, especially on issues involving constitutional jurisdiction, Fundamental Rights, Theory of Justice and the relationship between the spheres of Law and Morals.
He studied Law and Philosophy in Göttingen. He obtained his doctorate in 1976, with an award-winning work by the Academy of Sciences and Humanities in Göttingen that resulted in the book “Theory of Legal Argumentation”. In 1984, he produced another work of international relevance: “Theory of Fundamental Rights”, considered a classic of the Theory of Law. He was president of the German section of the International Association for Legal and Social Philosophy from 1994 to 1998. He has been a full member of the Academy of Sciences and Humanities in Göttingen since 2002.
Alexy supports the thesis that principles and rules are norms based on the argument that both express an ought to be. For the author, the difference between the two is not one of degree, but a qualitative difference.
The novelty of Alexy’s theory, when distinguishing principles and rules, is located in the concept of principle: a norm that orders that something be carried out to the greatest extent possible, within the factual and legal possibilities. They constitute “commands – or commandments – for optimization”. This concept of principle was criticized by Aarnio and Sieckmann, as it would not be able to differentiate between rules and principles.
Rules, on the other hand, are norms that must be followed exactly. That is, its fulfillment can only be done in full.
When there is conflict between rules, there are two ways to resolve the issue: at least one of the rules is declared invalid or an exception clause is introduced in one of them.
When there is a collision between principles, one of the principles must give way to the other. In this case, the resolution takes place according to the weight dimension between the principles involved, according to the circumstances of the specific case.
I Law Cycle of Northern Paraná
Mariana Russo organized the I Northern Paraná Law Cycle.. the legal week
took place at the UTFPR amphitheater – Cornélio Procópio and had the participation of
the entire academic community, OAB Paraná, Magistracy, Public Ministry and
State Attorney. Among the guest speakers were the former Constituent Deputy Dr. Oswaldo Trevisan, the State Attorneys
of Paraná Anita Caruso Puchta and José Fernando Puchta, and professor at the University of Buenos Aires – Argentina, Dr. Damian
Rodrigo Pizarro, Camilo Stangherlin Ferraresi
and Dr. Maria
Claudia
Integration Law Seminar
Mariana Daniel Russo together with Dr. Damian R. Pizarro, professor at the Faculty of Law of the University of Buenos Aires – Argentina, organized the I Seminar on Integration Law.
The objective was to propagate, encourage and encourage the dissemination of research work in the area of Law, in interaction with professors and students from the academic area, seeking to share innovations and updates on Integration Law between Brazil and Argentina.
The constitutional supremacy and the control of constitutionality studied in past times are the result of a partial view of the problems of hierarchy of norms based on the dissemination of international treaties and fundamental rights and guarantees.
The right to integration has served to improve the union of regional states for a better temporal and formal perspective vis-à-vis other regional blocs in the world.
One of the fundamental problems currently faced by the legal sciences is to know whether there is an international law separate from domestic law, or whether they are two different and independent legal systems, or whether they constitute branches of the same general legal system.
As noted, the seminar is intended not only for legal enrichment on the topic of Integration Law, but also to seek to explain and analyze the principles that govern such law, together with the existing clauses and validity recognized by most countries , or that they should still be respected without any exception.
The aim is, therefore, to implement a more integrated awareness with the world and with the internal legal systems of countries in general; from the Constitution to ministerial resolutions in an open, full and integrative manner of the current legal pragmatism through the study of the various regional structures that underlie and support these integration bonds, detecting the interaction between international and domestic regulations in specific areas of the Law of integration.
99 undergraduate students, 50 graduate students – Specialization were involved. 33 academic Masters, and 3 Doctoral students.
