Alternative Right

It is fact that one of the functions of the right is to guarantee the security of the application of the law, and without a doubt the widening of the power of the magistrate to move away the law would put its security at risk. However, it has of if having in mind, that justice is an absolutely superior value in relation to the security that the law offers, since this ‘ ‘ it favors, more frequent, security of the classrooms that had made the law or had had preponderant paper in its feitura’ ‘. (HERKENHOFF, 2006) In such a way the Alternative Right has as deep cloth of the marxism, therefore the service of the ruling classes analyzed the right as an instrument and this would serve to analyze any form of its application in the capitalism. Thus, they had left of this premise for an attempt to create a emancipador right of the dominated classrooms, to take decisions that took care of to its demands, applying the existing right of the skill that the same is presented. Then, they had understood that it was an interpretation question, therefore the decisions must be pautadas in the premise biggest, justice, considering the inaqualities and to who the decision could impute greaters losses, democratizing the right. 2 Alternative right Many jurists use the negative definition for the alternative right they conceive and it as a parallel right to the state right, a right that if ahead offers as alternative of the dogmtico right that it is the state right contemporary par excellence, that one represented by the law, the jurisprudence, the allowed contracts etc.

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