The practical relevance of legal positivism

This paper analyzes the relevance of legal theories for the application of law. Identifying legal positivism as a theory that prevails in legal practice in Brazil the paper highlights the positivist thesis and differentiating positivism from other legal theories. Then, we analyze the practical consequences of the choice in favor of positivism. We describe the positivist understanding of the expansion of powers of the Judiciary, indicating the positivist view about judicial discretion and the positivist view on validity and application of law, as opposed to legal moralism and legal realism.