A PERSPECTIVA CRÍTICA DE NIETZSCHE FRENTE AO DIREITO E SUA EXPRESSÃO NO DECISIONISMO JURÍDICO DE CARL SCHMITT

Abstract

The present work aims at studying the critical perspective assumed by the nihilist philosopher Friedrich Nietzsche regarding the decision-making process undertaken by the judge in the concrete case. The legal decisionism doctrine, credited to the jurist Carl Schmitt, is also adopted as a starting point for this analysis. He is considered the main exponent on this subject. Friedrich Nietzsche and Carl Schmitt are the main references that support this research. Concerning the methodology adopted in the approach of the problem, one mentions that a qualitative research is conducted. In addition, the technical objectives and procedures are descriptive and bibliographical, and the investigation method used is deductive. Based on the approach athand, one proposes as a research topic the analysis of convergences between the doctrines of the thinkers mentioned above. As a hypothesis, one supposes the possible connection between the movements defended by Nietzsche and Carl Schmitt, which, in na unintended or explicitway, warn about the danger of the punitive stateclaim being concentrated in the hands of a single figure and leader.