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This present article intends to conceive a broad notion of legal creativity, one which is not restricted to the acts nor the functional powers of specific legal actors. The article adopts processual philosophy as its theoretical and conceptual framework to expose how the usual conception of legal creativity is entrenched in an ontological conception of reality that privileges stability, order and security over change, disorder and becoming. This research, however, inscribers creativity within the dynamic of continuous reorganization of the legal order so creativity could be dissociated with the idea of normative production narrowly associated with legal actors: legal theories and categories not only expresses a kind of legal creativity, they also have the potential to transform and redefine common accepted practices within the legal context. The chief hypothesis of this article is that a broader conception of creativity would be relevant to rethink how legal order as constantly transformed by new concerns that emerges within the social field.

Ordem, desordem e a criatividade judicial: relações entre teoria do direito e filosofia processual