DWORKIN’S THEORY OF PRINCIPLES AND ITS (INCORRECT) RECEPTION IN BRAZIL

Abstract

This article aims to analyze Ronald Dworkin's critique of positivism in general and H.L.A. Hart's specific positivism in his text, "the rules model I", in which he offers a new standard for interpreting the law, beyond the standard of rules, which is one of the theoretical foundations of positivism, bringing to light legal principles and the incorrect reception of this theory in Brazil. To this end, we briefly describe the positivists' conception of law, especially that of Hart, and the theoretical assumptions of positivism, according to Dworkin, in order to use these descriptions to present Dworkin's new approach to interpreting law, which is principles, and how this theory of principles has been incorrectly interpreted in Brazil.