“Opinionative” legal dogmatic: the example of the social function of property

Abstract

This is a non-probabilistic random sample investigation of the pure intentional type, encompassing elements of law theory, civil and constitutional law, and studies concerning legal education. The initial objective is to develop the connection between the “opinion model,” as conceived by Marcos Nobre, and the argument for authority thought by José Rodrigo Rodriguez, explaining the “opinionative dimension” in the argumentative dynamics used by a not inconsiderable part of Brazilian legal dogmatics. Once the development is done, it will be possible to investigate how the “opinionated” bias of part of the academic production dedicated to the theme of the social function of property – here taken as an example – produces a distorted view of the constitutional principle.