THE NEW LAW OF INTRODUCTION TO THE RULES OF BRAZILIAN LAW: A RATIONAL CRITICISM ABOUT THE DENSIFICATION OF THE VALUES OF A DECISION

The Law old of Introduction to the Civil Code LICC, a rule originally created to guide the application of the Codex Civilian, underwent a later modification in its nomen iuris by Law 12.376 / 2010, which tried to rename it as the Law of Introduction to the Rules of Brazilian Law - LINDB, thus recognizing its applicability to the entire national legal system. However, later, another legislative change again changed the content of the Introduction Law, now with the objective of densifying the decisions produced by the Public Power, in the administrative, control and judicial spheres. This article aims to highlight the doctrinal origins of this new legislative reform, namely, the Pragmatism of the American professor Richard Posner, as well as the weighting technique in the collision of principles of Alexy, and also to analyze the consequences of this normative novelty, while theoretical postulate on public officials with decision-making power.