Neutralidade científica e ciência jurídica: as disfunções do paradigma positivista e suas influências no direito

Abstract

In modernity, science has taken on a leading role in regard to truth and falsehood about things in the world, to the detriment of other forms of knowledge. Thus, from the point of view of modern rationality, the supremacy of scientific knowledge was verified. The scientificization of the world, in turn, influenced the other fields of knowledge, among which the law itself; hence, legal positivism. However, the inherent characteristics of science - such as neutrality - from the complexification of social relations, have become insufficient to offer answers to the demands of the same society, which led to the scrapping of the dysfunctions of this paradigm positivist In this sense, therefore, the main purpose of the present article is to contribute with a great deal of debate, in a dialectical and dialogical way, investigating precisely the impacts and influences of the dysfunctions of the positivist paradigm, especially with regard to the pretension of scientific neutrality, in the field of law.