INTRODUCTORY NOTES TO THE JUDICIAL DISCRETION

Abstract

The exposition contained in this article aims to find the perfected meaning in the expression judicial discretion in the theoretical matrices of law in the inclusive legal positivism of H. Hart, in the post-positivism of R. Dworkin and, in contemporary times, in the theoretical meaning developed in the Hermeneutic Criticism of Law of L. Streck. To this end, the hypothetical-deductive method was used, based on the referenced bibliographical research, in order to finally, present a conclusion capable of establishing the introductory bases of the dialogue on the theme of judicial discretion and overcoming its use as an argument of authority devoid of legal content, whether by those who use it in judicial practice or in academic activity.