“O Direito Posto e o Direito Pressuposto”, de Eros Grau, e política pública, diante de julgado do STF Ivan Ricardo Garisio Sartori

Abstract

Based on a ruling by the Supreme Federal Court involving a municipality's order to build a necropolis, this study seeks to develop technical reasoning regarding the legal solution found. To this end, albeit succinctly, the work discusses public policy in the areas of health and the environment, bringing to light the legal-philosophical theory of Eros Grau (The Law as It Is and the Law as It Is Presupposed), precisely in light of the solution mentioned.