O direito e os princípios autofundantes: o fenômeno jurídico e sua relação com a ordem metafísica

Abstract

Based on a hypothetic-deductive approach, upheld by an historical analysis supported by bibliographic research, an inquiry is made on whether Law must be considered with reference to principles of a metaphisical character, since this mandatory process has apparently been superseded through incidence of diverse varieties of positivism. Always mindful of this objective, and through the perspective of a theory on the incidence of self-grounded principles, we conclude that mandatory reference is indeed necessary, to avoid the degeneration of Law into a state of anomie and in the destruction of the selfsame social medium it was fashioned to regulate