A força normativa dos princípios jurídicos

Abstract

Legal outsets always constitute a legal category which is difficult to conceptualize and to give portions. The current work has its scope focused on proposing the allocation of such principles in a juridical order such as an investigation and a normative function that may be attributed. In a traditional concept in a normative system, legal outsets are located as being a legal source besides undertaking the responsibility of a co-operator with legal precepts. First of all, the aim is to entrust legal outsets on the history and ratings on the tenet. After having taken that into account, it can be verified a positioning transition on principle orders when realizing that such terms may be garbled even when it comes to their own norm precepts. Thus, the objective is to have a new rating due to the use of a most updated version in the juristic community. It is mandatory to investigate the positioning of legal principles in a juristic order passing from a secondary role to a highlighted role such as the legal category herein. Simultaneously, it is analyzed the change consequences of a place and role when it comes to these categories, especially when the subject has to do with legal security. It analyzes two solutions to the problem pointed: the application of legal principles, are those chiefly forecasted in our Constitution which is counterweighted in the so-called principle of principles , and it does not matter the proportion criterion taken into account, and defense of an overrun of sources of law nsources by the existing legal models by which their own order is to have guidance on principles explicitly forecasted by checking flexibility of the judge and thus, avoiding having such person being actually a victim of the inflexible normative. Both solutions are attempts of thoughts on the fact that both undertook the responsibility of such principles being then leaders in the legal system without the genesis provision and application on law techniques