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This essay aims to investigate how the rule of proportionality can be classified among the categories presented in Robert Alexy's Theory of Argumentation. In order to achieve this objective, we sought to interlace concepts that are present in two of his main works – Theory of Legal Argumentation and Theory of Constitutional Rights – through theoretical, bibliographic and qualitative methodology. Finally, it was found that the rule of proportionality and its sub-rules can be present in the internal justification and be externally justifiable in a suitable way according to some paradigms presented in Alexy’s Theory of Legal Argumentation.

A JUSTIFICAÇÃO INTERNA E EXTERNA DA MÁXIMA DA PROPORCIONALIDADE COMO ARGUMENTO JURÍDICO NAS OBRAS DE ROBERT ALEXY