Resumo

ARIAS LOPEZ, Boris Wilson. The governing idea of the "correct answer" in the right. Rev. Jur. Der. [online]. 2018, vol.7, n.8, pp.119-131. ISSN 2413-2810.

Abstract For positivists, especially H.LA. Hart, when a rule allows difierent ¡nterpretations, law enables that judge could discretionally choose between these meanings; however, this understanding and subsequent judicial power are not accepted by R. Dworkin, for whom, before a dispute there is the right of a party to win the problem, that is, there is a "right" answer. In this context, it must be accepted that the judicial decision emanates discretion in the relevant facts chosen, to determine the procedural object to the applicable legal rule chosen in the evaluation of evidence, interpretation; however, acts of justice operators develop as if there were or were oriented to a "right" answer, otherwise would prevent that a judicial decision that offers different interpretive possibilities could be impugned.

Palavras-chave : Discretion; Correct answer,; Jurisprudence.

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