Análise econômica do direito e sua problemática constitucional / Economic Law Review and Its Constitutional Issue

Abstract

The Economic Analysis of Law , developed over the past
centuries and consolidated in mid-Twentieth Century, centrally in the
chairs of the Chicago School , whose main exponent is the American
judge Richard Posner , proposes an innovative vision of legal institutions,
backed by economic elements. This way of looking at the phenomenon
of rights brings forth a conceptual problem, much in view of the theoretical common sense of lawyers accustomed to not face a speech

that relativize its ideals of righteousness . It is necessary to recognize
the thematic and methodological relevance of Economic Analysis
of Law, especially the urgent need to adapt the constitutional reality
of a judicial hermeneutics which implements not only individual interests
but also makes possible substantial government prerogatives.