Preamble and constituent’s prescriptivity of legal texts

• Autor(a) principal: Carvalho, Paulo de Barros
• Data de Publicação: 2010
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/24229
• topic: science of laW; positive law; sources of law; preamble; summary; explanatory memorandum; CIÊNCIA DO DIREITO; DIREITO POSITIVO; FONTES DO DIREITO; PREÂMBULO; EMENTA; EXPOSIÇÃO DE MOTIVOS

With the purpose to know the law in its large size and provide more consistency to the legal knowledge, to examine the work below the figure of the preamble in the normative universe, employing techniques of approximation which are shades of “philosophy in the law” and not “philosophy of law. “It’s known very well that, among the many features that are unique, the law provides the data of language as its integral constituent. The language speaks not only of the object (science of law) but also as part of their formation (positive law). These strong assumptions not hesitate to proclaim that the study of the sources of law is aimed, primarily, for the examination of facts that are born as legal rules feeders of standards in the system. Therefore, the preamble, as set out standards, can not be disregarded in the garb of their legal status.  In the same vein, are also the menus and displays of reasons.  As long beam marks left during the enunciative process of law, are undisputed relevance, helping and guiding the activity of the interpreter.