标题：Positivist Traits of Pontes de Miranda’s Theories: Influences of Positivism on the Positivist Science System of Law and the Private Law Treaty – a Path with Many Theoretical Nuances
摘要：The main objective of this research is to analyze the dimensions of the conception of the legal science, that is observed in Pontes de Miranda’s thoughts, in order to explain his historical motivations, the context in which his ideas are inserted and the reasons why he decided to go his own way, thus moving away from the classic ‘comtiano’ positivism as well as from Hans Kelsen’s normativist positivism. Therefore, we analyze Pontes de Miranda’s historical professional basis, the transformations in his legal science conception, considering his two different phases as well as his criticism to Hans Kelsen’s normativist positivism. Apart from his huge legacy to the Brazilian legal culture, Pontes de Miranda also highlights the importance of the legal science, as the basis of the jurisdictional activity, a situation that is different from what happens today, in which the dogmatism uses the precedents to give support to its propositions.
关键词：Pontes de Miranda; theories ; legal science; positivism
