Abstract

FRANCO MANCUELLO1, Shirley Diana. Epistemological analysis of judicial decisions of the Constitutional Chamber of the Supreme Court of Justice of Paraguay. Rev. Int. Investig. Cienc. Soc. [online]. 2016, vol.12, n.1, pp.61-74. ISSN 2226-4000.  https://doi.org/10.18004/riics.2016.julio.61-74.

This research explains how the judges of the Constitutional Chamber of the Supreme Court of Justice of Paraguay take their decisions. For it is an epistemological approach, from the positivist and critical perspectives, and specifically in legal science from the legal positivism and natural flow. A critical analysis of five judgments of the Constitutional Court is made from the validity of the 1992 Constitution, to determine the behavior of judges in applying the law. In that order, it appears that the new orientation of the Constitutional Court means adopting the assumptions of critical perspective, going farther logical positivism proposed by the Vienna Circle. The processing of constitutional law judicial activity is a sign that positivism is in decline, redefining the right to a universal approach to human rights.

Keywords : Constitutional Court; legal positivism; critical current; judicial activity.

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