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Sumary
The proposal of this study is to contrast the dogmatic discourse produced by the brazilian right
with judiciary practices that occur daily in the confined walls of the courts, to try to understand
the reasons for the absolute absence of dialogue and identity between the book’s world and the
practice’s world. To possibility the use of the comparison and to illustrate the distance between
legal theory and judiciary practices, I use the results of the empirical research that I conducted
at the Court of Justice of the State of Rio de Janeiro, by the ethnography and participative
observation methods, whose attention was focused on oral manifestations of the process.
The empirical research shows that, in fact, there is a great absence dialogue between “theory” and
“practice” in the Brazilian Law. |