A capacidade jurídica segundo a teoria psicológica-evolutiva de Jean Piaget

Abstract

The thesis focuses on the juridical capability and describes it as an evolutionary process of the individual autonomy formation that develops in two levels: the first echelon begins on the concrete operations, when the child does not speak yet and evolves till the stage of formal operations which presumes the natural dominion of the language, as a request of juridical capability. This process is considered under the viewpoint of Evolutionary Psychology from Jean Piaget, considering that this author studies the psychological evolutionary process, by which the individual reaches the necessary autonomy to be considered a juridical capable person. This juridical capability, throughout the scientific formation of the jurist to exercise his professional activity, representing the layman in the process litigation. Hence the autonomy of the jurist, in the exercise of their activities, preserve the values of truth , freedom , justice in the moment of the deployment of the jurisdictional activity of the State. The logical rigor demanded by the employment of this activity, suggests that the jurist warrant these values at the epistemological level, where Juridical Sciences lay foundations, as supreme rank of the formal structures recognized in the jurist professional autonomy