THE CRISIS IN LAW AND ITS DEPARTURE FROM THE WORLD OF LIFE: the ideal of security in legal formalization

Resumo

The objective of this study is to examine how the formalizing idealism of Law enables the constraint of freedom, thereby posing a threat to humanity itself. This discussion is warranted by the importance of elucidating the critical legal debate that the crisis in Law is a problem disguised as the formalization process, in order to emphasize that legal security exists only in a realm parallel to the world of lived experience, on a fictional level. The development of this work will employ a methodological approach that begins with particular premises regarding the essential elements of the formalization of Law to propose a systematic examination of Science and the world of lived experience through the scientific foundation of idealizations, given that security can only be guaranteed through distancing from the aforementioned idealizations. The methodology adopted is predicated on specific premises related to the formalization of Law, proposing a rapprochement between Science and the world of lived experience through the scientific concept of idealizations. The study highlights the fictitious nature of legal security, underscoring the necessity for critical thinking to establish freedom in Law, thereby overcoming dominant hegemonic discourses. This study concludes that it is imperative to recover and develop critical thinking to constitute freedom in Law through the assumption of openness that is