Abstract
The paper intends to show some solutions for the style that the Federal Supreme Court practices the consequencialism, being consisted of a qualitative type research, with descriptive, explanatory and purposeful aims, using the bibliographic search procedure for such. Starting by an exposition about the pragmatism, it highlighted the consequencialism and the empirism. For confrontation and criticize, the meaning about consequencithinkness is explained. After analyzing cases ruled by Federal Supreme Court we intend to build an argument in favor of fundamental value of not surprise. For this, the paper is grounded in legal certainty and contradictory. With this, it started the purposeful part, in which the not surprise aims to try the consequencialism and to prevent the consequencithinkness. And for that, the explanation of the proposals is divided in subjective and objective processes.
Keywords:
consequencialism; Federal Supreme Court; not surprise; pragmatism; empirism