As bases metodológicas/epistemológicas da rational choice theory (RCT) e a análise econômica do Direito.

Abstract

The present work is focused on the methodological and epistemological foundations of rational choice theory (RCT), instrumental basis of economic analysis of law (EAL). Intend to expose the epistemological basis of the RCT. Argues that Lakatos's  epistemology is the reference for this. Unfolds, arguably, in three stages: a) presentation of the methodology of the Economic Analysis of Law; b) statement of the methodological tools of the RCT and c) critical appreciation of the epistemological basis for RCT expressed in the theories of Arrow and Downs respectively. Adopts a descriptive-reconstructive approach based on typical bibliographic search techniques.