For an understanding of the Theory of The Legal Fact of Pontes de Miranda attached to the entire thought of the author:

from the definition to the application of law.

Abstract

Pontes de Miranda, a notorious brazilian jurist, is the great precursor of what is conventionally called the Theory of the Legal Fact, a representative scheme of the juridical phenomenon widely used, mainly among civilists. However, despite the popularity of his Theory, it cannot be said that Pontes de Miranda is understood in all its complexity. Thus, this article intends to demonstrate how the application of Pontes de Miranda's interpretative theory, known as the Theory of the Legal Fact, disintegrated from his formulations of General Theory of Law and Philosophy of Law, ends up distorting the author's thinking and mischaracterizing it. In short, the objective is to propose that the reading of the Pontesian interpretive theory is attuned to a global understanding of his thought. Therefore, Pontes de Miranda's perceptions about the legal phenomenon will be presented.