A legal science derived from norms, fact and fattispecie: a study in tribute to professor João Baptista Villela

Abstract

The present paper intends to answer these two questions: (i) could legal science be understood as phenomena-based science? and (ii) are facts and legal facts different categories or ontologically the same? The analysis herein is based on the readings of a relevant text written by Professor João Baptista Villela. In terms of methodology, the paper is based on the comparison of the works published by such Professor in face of theoretical works with a normativist approach. As a result, the paper shall conclude with negative answers to both questions which were proposed.