Teoria da argumentação jurídica: análise da tópica de Viehweg

Abstract

This article aims to study the link between topical and legal arguments, initially proposed by Theodor Viehweg and the member of the member of the Mainz School and the dynamic system. Through the study of rhetoric, which addresses the ways in which a speech persuades an audience on a certain topic and the juridic topic, which aims to solve basics issues with the help of arguments supported by common sense or the opinion of the authorities. A thought that isbases on rhetoric and topic helps to understand the production of legal decisions in Brazilian state agen-cies. This article is divided into three parts. The first analyzes the relationship between topic and law. In the second part, the legal argument is analyzed by the study of Theodor Viehweg ́s proposal. In the third part, the importance of the topic as a technique for rationalizing interpretations in Law will be analyzed.