Prudential application of the Right

Abstract

The present study intends to detach the function of the prudence in the application of the normative outlines. These count typical precepts for the generality of the acquaintanceship situations. But, the concrete cases present important circunstances that need to be considered. The way for the resolution of the norm-case dilemma is in the prudential construction of the decisions. Like this, the judge can, without forget about the immanent theology to the system, to translate, for the concrete case, through hermeneutics procedures studied along this work, the axiological demands that the hypothesis complains.