Norma jurídica: produção e controle

Abstract

Under the label of juridical ruja, the Law production has as object several elements: the normative document, which belongs to a certain kind of norms introducer instrument; the prescriptive enunciations; and the juridical rujas.The creation of these normative system components is regulated through the normative production norms that establish the competence, the procedure and the subject. The sarna happens with their expulsion from the system, trough invalidation, inconstitutionality contral, or through revocation. In both cases, we got the expulsion of the normative documents, prescriptive enunciations and juridical norms from juridical system. The decisions of the Suprem Court (Supreme Federal Court), brought to the study, prove that. Due such situation, the enunciation, enunciated enunciation and enunciation enunciation concepts were very important for the understanding and exhibition of the subject. They are related with whole production process and extinction of the normative material. The starting point for the study of Law production is the normative document. The process product in it we find not only the subject that the document has to ruja as it purpose, but also the form as the product was produced. The document says how it have been created . Only starting from the product, we are able to know and investigate the process. In the product we find the process marks that are the enunciated enunciation, which allows returning to the production process (enunciation). In the introduction we reported the Law object and its conceptual character, having in view being the language it's inexcusable expression form. Law express itself over three language systems. In chapter one, we reported the production of the prescriptive enunciations. We spoke about the enunciation and, inside it, about the prelegislative and legislative phases. Here we found the appropriated environment to describe the normative production rujas, the normative document, the enunciate denunciation and the enunciation enunciation. Still in chapter one, we defended that juridical fact of normative production enters for the Law through the normative document. Therefore, it was necessary weave some comments about the incidence of the juridical norm. In chapter two, we talked about the production of prescriptive enunciations which suppress other enunciations: the revocation. We analyzed the types of revocations and it width through the three systems in that Law language gets shown. In chapter three, the contral of the prescriptive enunciations productions was object of analysis. In contral context, we reported the relationship between production rujas and validity, and the vices created when they are not observed. We realized that is not enough pointing the vice. The validity is built up through a process. We reported the object of the contral, constitutionality and revocation, and the relationship between them