THE LINDB REFORM AND PROBLEMS OF REASONIG BY CONSEQUENCES

This workproposes the study about the problem brought by the writing of article 20 of the new Law of Introduction to the Norms of Brazilian Law - LINDB, especially of the duty to consider the practical consequences of the decision as possibility of using consequentialist arguments. It is argued that the new legal provision will not have significant effects in the practical context of judicial decisions, especially because of the complexities brought within the argumentative practice. The relevance of this work, therefore, is based on the debate brought by the new law on the application and interpretation of legal norms, as well as on the extent to which judicial decisions can be justified on the basis of practical grounds. Based on these fundamental elements, it is argued that the contemporary legal discourse can be aligned with the practical reasoning of judicial decisions, but that this task should not proceed in complete subjectivism, disregarding the democratic forms of Law.