Dogmatic and legal discourse between science and reality / Dogmatic and legal discourse between science and reality

This work focuses the discussion on the manner of the Law presentation for population and aims to demonstrate the existence of excessive formality in its application. This research uses deductive and dialectical methods, featuring innovative positions in adjudications through mediation between, dogmatic positivist and population understanding, also aims to identify elements of approach between the parties. In its development, reports that there is an industrialization of legal education and the fact that there is profit through this phenomenon, it generated by stillness of scholars and accentuated the absence of criticism in the methods used in classroom. It also discusses that in consequence of this immobility, judicial decisions stagnated in its model of application, based on theses and mechanical jurisprudence itself, which is merely an endorsement to theses that are already and mechanical jurisprudence itself, which is merely an endorsement of that already is in the history. Adducts even the excess of form, instead of standardize the instrumentality in the procedural acts, and so stresses the difference between the incisive understanding of who applies it and who suffers the application of the law. Finally, this research searches alternatives to mitigate the problems hidden by the dogmatic, aiming through political mediation, to approximate the population of the operator, who is also a social worker.