Alternate Title
The Spree of Principles and the Abuses of the Balancing Doctrine in Brazil
Keywords
Fundamental Rights, Freedom of Expression, Balancing Doctrine, Brazil
Abstract
This article delves into the nuanced distinction between principles and rules in legal discourse, emphasizing their differing grammatical functions. While acknowledging the necessity of principles in legal reasoning, it cautions against their unchecked proliferation, exemplified by the Ellwanger case. The analysis underscores the importance of contextual understanding in discerning between principles and policies, advocating for a philosophical-political reflective approach. It critiques the overreliance on balancing-proportionality as a universal method, warning against its potential for dogmatic reduction and infringement on fundamental rights like freedom of expression. Ultimately, it calls for a balanced, reflective interpretation of principles to mitigate the risks inherent in their misuse.
Recommended Citation
Ronaldo Porto Macedo, The Spree of Principles and the Abuses of the Balancing Doctrine in Brazil, 18 FIU L. Rev. 847 (2024), https://doi.org/10.25148/lawrev.18.4.11.
