Ponderação de princípios formais e revisão judicial: uma comparação dos modelos de Robert Alexy e Matthias Klatt

Abstract

Balancing formal principles is one of the most controversial and debated themes related to Robert Alexy’s Priciples Theory. One tries to comoprehend what are formal priciples, which role they play in the Principles Theory and how they relate to the limits of the judicial review. To achieve this, the models developped by Robert Alexy (both his connection model and his later epistemic model) and Matthias Klatt (two-level model of balancing) are compared. The latter is preferred considering the internal coherence of the models and the relation between balancing and judicial review.