GUEDES, P. R. J.; http://lattes.cnpq.br/1643701511587092; GUEDES, Pablo Roar Justino.
Abstract:
Starting from the critical design in Kant, this work discusses the essential elements to
the concept of basic norm, within the theory of the right of Hans Kelsen. To achieve
these objectives, it is necessary to present a brief analysis of the concept of the right
of science in the nineteenth century to, ex negative, the postulates of positivism of
the twentieth century. Therefore, the concepts of the basic norm in the classical
phase of the Pure Theory of Law (1920-1961) and in the last phase of his theoretical
production (1961-1973 [1979]), need to be compared, in order to allow the correct
understanding the latest design in Kelsen about this intricate subject. In addition, the
summary explanations that the author of the Pure Theory of Law presented in his
works, the philosophical roots of its two major theses, the basic norm as logical and
transcendental hypothesis and fiction, have been thoroughly exposed in order to
allow the building of critical more forceful and determined to finally elect which of the
presented concepts is more consistent with the intellectual project of the legal
normativism.