Revisiting the pure theory of law from the brazilian legal tradition:

A legal improvement?

Abstract

This article aims to understand the methodological position of Hans Kelsen, who has the legal norm as a fundamental point of observation of the Science of Law raised in his Pure Theory of Law. The problem lies mainly in its definition of the object of legal science, this object being: the legal norm. Therefore, the objective is to understand Hans Kelsen's methodological position and to understand the consequences of this situation, arguing in favor of the points of contradiction raised. The study uses a deductive and exploratory methodology of a qualitative nature that, aiming at the dialectization of the proposal, initially presents institutes of the Pure Theory of Law, explaining Kelsen's concepts present in the work in question. Then, a critical topic follows opposing the (im) possibility of the legal norm as the primary object of analysis in legal epistemology. Finally, a topic presents a solution to the problem highlighted in a dialogue with a Brazilian legal tradition. It concluded that, in this bridge between the traditional and the contemporary, there is an epistemological impossibility in understanding the legal norm - being a rule, a formal manifestation - as the founding foundation of the Theory of Law.