BRIEF NOTES ABOUT THE NORMATIVE SPECIES OF THE CIVIL CODE

• Autor(a) principal: Oliveira, Thiago Sales
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/2761
• topic: Norm; Logic; Structure; Vagueness.; Norma; Lógica; Estrutura; Vagueza

Historically considered as the starting point for the other legal branches, the civil law enjoys the affection of the doctrine and the appreciation of the legislator. This appreciation, noticeable in the care with which they undertook the preparation of the new Brazilian civil encoding, where the use of so-called vague concepts prevailed over production of specific rules, changing the regulatory application by simple canon subsumption, hegemonic in the last century, to a new attitude this time, based on creative activity fortification of jurisprudence. This phenomenon establishes the beginning of a new period in the Brazilian legal panorama: an era of sharp consulting the values, principles and to the concerns of society. The essential cause of such changes can be found in the characteristics of standards arising from the new encoding. The study of civil standards from legal logic is able to reveal that the hypothetical conditional-type structure formulated by the interpreter at the time of application of the law has structural configuration and preview it, mastering the elements of such a configuration, the interpreter-applicator - in the function of judge - will be able to produce the necessary changes in the social reality, seeking, always, the much desired peace, objective of the process. Formalizing the general clauses, the indeterminate legal concepts and the so acclaimed principles, will own the interpreter of a powerful tool in the exercise of their intellectual activity, which will be mentioned during this work, using sometimes picked examples of jurisprudence.