Post-positivism and its relation with the principle of objective goodfaith in the formation of legal thought/Pos-positivismo e a sua relacao com o principio da boafe objetiva na formacao do pensamento juridico

This paper aims the analysis of post-positivism, its main characteristics and the historical moment of its formation, regarding the way it relates to principles and, to what extent, the use of principles contributed to a new path in the formation of current legal thinking. In addition to the main study, through a historical research, it is necessary to make an approach of the two main currents that precede such jusphilosophical current: the jusnaturalism and the positivism, passing through its description and main characteristics, with the intention to contextualize and to justify the formation of the post-positivism. The analysis of the principles is also imperative, due to its increasing importance, with a prominent focus, due to its contribution in the formation of this new chain of legal thought since it serves as an element of hermeneutics to overcome conflicts and subsumption of the rule to the concrete case, going through the question of the general clauses and the indeterminate concepts contained in the statute.