THE ADI 7013 JUDGMENT FROM AN ARGUMENTATIVE PERSPECTIVE

Abstract

The article examines the Brazilian Supreme Federal Court's decision in ADI No. 7.013, which mandated the inclusion of specific measures in the National Public Security Plan for monitoring femicides and deaths resulting from police intervention. The decision is analyzed in light of the argumentative theories of Stephen Toulmin and Neil MacCormick, providing a reflection on the structuring of legal reasoning applied and the legitimacy of judicial decisions in the context of the judicialization of public policies. The research employs a qualitative methodology, with a bibliographic and jurisprudential review, focusing on the need to address contemporary legal dilemmas. By applying Toulmin's layout of arguments and MacCormick's requirements for argumentation, the article offers a detailed insight into the construction and analysis of legal arguments used in judicial decisions, especially when they involve the structuring of vital public policies for the realization of fundamental rights. It concludes that the application of advanced techniques of argumentative analysis is essential for the development of legal practice and theory, highlighting the importance of the foundation and coherence of judicial decisions.