Uma crítica à dissociação entre teoria e prática jurídica

Abstract

This study examines the dichotomy between theory and practice in law, a topic debated by philosophers and jurists over time. The research focuses on the distinction between theoretical and practical knowledge, with the central question: “Is the dogmatics of legal science different from legal practice?”. Using a qualitative and hypothetical-deductive approach, the study investigates the (non)existence of minimal distinctions between theory and practice and their repercussions in law, as well as analyzing the relationship between the sources of law and this distinction. The initial hypothesis is that theory and practice are inseparable in law. The research highlights the importance of understanding how legal theory guides practice, emphasizing the need for the application of laws to be both rigorous and adaptable. The results indicate that the sources of law are predominantly dogmatic and that custom, although empirical, requires legal language to be effective. It is concluded that practice and theory are inseparable in law, as theory is the only one that produces legal effects. Any practice that disregards the sources of law is seen as a legal distortion.