Guidelines Of Law In Security Multidimensionality Warrant

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“GUIDELINES OF LAW IN SECURITY MULTIDIMENSIONALITY WARRANT”

 

AUTHOR: PROFESSOR PACHE LEONARDO FARIA CUPELLO

 

SUMMARY§ 1º – BASIS OF LAW AXIOLOGICAL.§ 2º – THEOREM LAW OF MULTIDIMENSIONALITY.§ 3º – RIGHT BIFRONTE CONCEPT.§ 4º- UNDERSTANDING OF ILLEGALITY AND POWER ABUSE:ARTICLE 37 OF CF/1988.GRADES.BIBLIOGRAPHY.

 

SUMMARY: “IT WOULD SEEM ON GROUNDS OF A LAW INTENDED TO SERVE SOCIETY OF ETHICS – COLLECTIVE CONSCIOUSNESS IN PARTICULAR TIME AND PLACE BEYOND ITS POSITIONING IN RELATION BETWEEN POWER OF THE STATE AND THE INDIVIDUAL RIGHTS UPHELD BY THE CONSTITUTION.  THE RIGHT HAS YOUR ROLE IN PRESERVING THE ESSENTIAL “DEMOCRATIC RULE OF LAW” AS BEING YOUR CENTROID, THE PRESCRIBING, FOR EXAMPLE, THAT ONE OF GUARANTEES, SECURITY WARRANT, CONSTITUTES THE EXERCISE OF “RIGHT-SOCIAL THE STANDARD MATERIAL CONTENT DEEMS EXPRESSION OF ETHICS – COLLECTIVE CONSCIOUSNESS OPPOSED CONDUCT OF PUBLIC AUTHORITY, THE ACHIEVEMENT OF THE MOMENT OF ILLICIT OR POWER ABUSE IN DEFENSE OF VALUES AND CORE PRINCIPLES OF INDIVIDUAL RIGHT OR COLLECTIVE WHICH WERE INFLICTED.BEING SO, FIT TO REFLECT THE STATE OF THE COMPANY AND THE YEARNINGS BUILD A LAW SUITABLE TO REFLECT YOUR ANGER”.

KEYWORDS:

  • LAW; AXIOLOGY; THEOREM MULTIDIMENSIONALITY OF THE RIGHT; DEMOCRATIC STATE OF LAW; BARYCENTER DIMENSION; BIFRONT OF LAW; INJUNCTION; ILLEGALITY AND ABUSE OF POWER.

 “ABSTRACT”.

“SUMMARY OF BARYCENTER LAW AND INJUNCTION”.

 

“The author states that the study of the “Summary of barycenter law” and its fundamental content about universe law. He understands that there is the biform dimension of law like the legal right universe and the appositive illegal universe. Subsist to five dimensions of legal right universe and the appositive illegal universe too – multidimensionality of the right –.     In sequence, the dimensions of legal universe are fact of law; axiology; principle of law; public policy and rule of law. When the rule of law is applied to case is necessary public policy over again. The finality of law is to attend welfare states. The fusion between the dimensions correspond the ethical-social influence. The fact of law when appear its importance is attend the welfare states and therefore bright about right-angled triangle in legal right universe. The nucleus of right-angled triangle is barycenter in legal right universe. The barycenter is called Democratic State of Law in right-angled triangle.

The appositive illegal universe bright about right- angled triangle too. The dimensions are illegal fact; violation of axiology; disregard the principle of law; unlawful of public policy and rule´s transgression of law. Just one of the dimensions of the illegal universe bright is sufficiently when in application of the official rule. The barycenter is disrespected because the Democratic State of Law is not in view of the circumstances. Therefore, the  unlaw appears when the barycenter is disrespected or best the Democratic State of Law is became transgression and not attend the welfare states.

Finally, the “Injunction” is one of the instruments of the ethical-social influence that correspond the rule of law with principal objective obstruct the disrespect of the Democratic State Law”.

 § 1º – BASIS OF LAW AXIOLOGICAL  The social body profile is in its identity to its raison d’être and the Ethics of ‘Human Values​​’ becomes transparent for all to see. Thus, the scope of ‘Human Values​​’ anthropological that each society[1] sets is a cultural mode of expression and identifies which greatly Right to be advocated by ethics and collective consciousness. The symbiosis between the “Ethics and the Law” constructs a binomial able to define the social environment in which the State is going through and reflecting on the formulation of the ‘Content Standard’: the interaction between the “Justice Material” – composed of’ Human Values ​​’key and the’ Fundamental Principles arising’ – and “Justice Formal” this characterized by current and enforceable legal system, because make up the standard that translates into concrete result of the moral, cultural, political, economic and legal of a particular people. The Standard reflects the stratified social behavior in time and space and his spirit or metaphysical sense makes up the exercise of the popular will motivated by ‘values​​’ accepted and considered relevant because it involves therefore an incessant desire to progress “State Institution”. From a valuation of the relevant social behavior criteria – jurígeno fact – the ethical – collective consciousness exposes a ‘value’ based mainly from the “Natural Law” – in any of its aspects: divine, natural or rational – even in the settlement the “legal Sociology” which becomes, in turn, useful from the enthronement of the Standard in the law enacted by the State. So the standard is composed of a pipe valued for its ethical[2] concept and has the culture of the people their assumption training and that the dominant political power makes it suitable or useful to be met by all. The judgment of ethical quality of society ends at state action that coincides with the will of ethics and collective consciousness and the benefit that comes from you, from the substantive content of the rule set to their values ​​and principles. The ethical values ​​of society, such as human, are not identical values ​​of their existence[3] – and those are changed as time – therefore in accordance with the fundamental policy decisions of the state that will be happening. The state coexists with the company that gives you life and ethical concepts of this society are associated with the idea of the spirit that gives life to the body or space that projects you into the world. The ‘Social Justice’ comes from an ethical concept of consistent state practice with the interest of society attended, making a path to follow and severally won. The freedom of action of the ‘ democratic state ‘ is directly proportional to the ethical foundations that society is supported by the construction of its permanent cultural development. By the way, the historical data of ‘positive law’ cultists “The idea that he has intimate cause-and- effect relationship with the social and political data and many other factors. There is a reciprocal relationship of causality[4], including intrinsically legal ethics, because the norm is just must have addition to its aesthetics but also its content is legitimate and supported the ‘Core Values’ justified by ethics and collective consciousness in time and space. While it may state that does not exist perfect and infinite law as its effectiveness, however, is based is thought that the legislature, like any man, has its imperfections and finite time of existence and therefore over time the norm unaccompanied becomes the reality that involves erecting it unlawful or invalid, the look and feeling of the society in order to consider it unfair. So the idea of ​​Justice has in his master plan to axiology, ie, in its having content material as its assumptions: security, equity – social solidarity or ethics-collective cooperation – and its axiological formal plan, institutional order established by the power of proportion appropriate State with the fundamental rights of man, these supported the core values ​​of certain social body and thus having the effect of concrete subsumption of these factors with the norm, constituting finally the formulation of a procedure to be legitimately accepted by the community as a whole. In an effort to build a profile of a supported State in a legal system geared to the full exercise of Justice[5], with constant ethics training and corollary in meeting their responsibilities to the social one, it is that it gives rise to knowledge of law perspective valuative from new elements in their primary content and , moreover, including how it could not be the “axiology”, as one of its members, a dynamic vision and can become a significant dimension in this new legal universe. § 2º – THEOREM LAW OF MULTIDIMENSIONALITY  Democratic considered society makes up its essence in formulating solutions that minimize their ills and that several factors lead to become more agile or less agile the achievement of its purposes as to their ethical, political, economic, legal and social development. Thus, for example, the institutional political program established by the State promotes the degree of development possible, but not always able to produce the wealth necessary to meet the community’s desires which leads to make it rough the path to be taken by the legally constituted government and therefore which often translates the occurrence of an gap than the government sets and the “ethics – collective conscience” craves[6]. In this sense, this paragraph of this study has the power to bring an initial apophthegm the importance of the dimensions that make up the law and therefore achieve its implementation as a tool for development of a society. Its democratic roots is in chained formulation of various elements able to meet the “common good” that the state must meet in order to make your driving force that is the construction of law as a synonym for Formal Justice and Justice Material. Thus, the formation of ‘Synapse‘ Chained these dimensions fit to foster the legitimate character of its power as an institution to be in line with the will of its people. Thus, the law in a ‘democratic state’ is realized with the completion of the following dimensions: from a “fact” in the estimated time as jurígeno by society, that is, every phenomenon that ethics-collective consciousness assesses have significant effects before the community. Subsequently this time jurígeno fact comes the “ethical value” that the company is supported: dominant axiological profile of a people at a given historical moment. Added to these two dimensions comes the ‘Fundamental Principles‘ which according to our understanding ceased to be a secondary source of law to become a dimension to be explored and accepted as such by the legal community and by the way, stands, eg in “Equity Principles (social cooperation) and efficiency (legal execution technique), and the Equality and Morality as Social Justice Principles[7]“. Then the synapse identifies another dimension of law that are the ‘Public Policy‘ – 4th dimension – able to assess or selecting from a wide variety of jurígenos events occurring in a given zetetic time, including values ​​and principles, what more It considers it appropriate and timely for the political class to transmute formally in ‘standard’ – 5th dimension – translating, so the popular will. Moreover, this chain of interlinked dimensions – synapse – building a symbology able to demonstrate that the standard should have in your most relevant content that is the formation of “Formal Justice and Justice Material”. The Formal Justice of the Standard becomes immanent in its legal doctrine established in view of the current legal system, with the preponderant and vital reflexes when its applicability. Justice Norma material, in turn, is encouraged by the content of the Standard under an identity of ethics and collective consciousness of a particular people, or as the “values” – axiology – and the “Fundamental Principles” which were evaluated by society and highlighted as essential in the construction of the law, to situate them as dimensions of their own existence. At the end, after the Standard have its formed content (Formal Justice Material Justice ) comes from its applicability in time to make it adjusted to social reality – zetetic time – and through the “Public Policy” gives the primary setting for meet the “common good” of the Company. Thus, the “Public Policy” act not only as 4th dimension in the training of law, but also in a new perspective, which is to meet its political sense – convenience – social option – and opportunity: to choose the moment history of the application of the standard . Thus, the ‘public authorities’ through, eg, the ‘Social Programs’ that meet the   ‘common good’ of the Community can effectively reflect the actual field or concrete to fully meet the company’s desire to respect the applicability of the ‘standard’ in the perspective ‘Formal Justice’ and ‘Justice Material’. In this context, forms a conclusion to be reflected , namely , that since the emergence of the “jurígeno Fact” – 1st dimension of law – to the realization of the “Common Good” state becomes paramount that the five dimensions these are interconnected – synapse: ethics and collective consciousness – and lastly the “Public Policy”, the application of the standard, to exceed the limits of their abstractness, to be able to legitimize the will of society and produce consequently its legal development, political, economic and social in its full scope. Indeed, the formulation above the law in its essence creates the geometric[8] figure able to identify a better guide to what is advocating, namely:  At the core of this geometric figure contains its centroid which consists of “Law Democratic State” and who has the power to relate to all aspects of the law, and the applicability of the standard to meet the “common good” of the community.  Thus, the “Law Democratic State” became lived from the decay of the “rule of law” that was concerned merely with the “Justice Formal” or the so-called “Justice Loyalist”: without concern for the axiological content and principiológico the Standard –  “Justice Material”-. So obtempera to “Formal Justice” with the wishes of ethics and collective consciousness that links the right to its dimensions, namely: “Fact Jurígeno; value (axiological sense); Principles; Public Policy (P.P); and Standard. For consistent, making the “Justice Material” as an integral element of the Standard. In fact, the Principles – 3rd Law Dimension – is given as an example, in direct relation to the “democratic state” – Centroid of the law – those, eg, statements by José Afonso da Silva, namely: “Principle of Constitutionality, Democratic Principle, Principle of Social Justice System Fundamental rights, Equality Principle, Principle of Division of Powers Principle of Legality and Principle of Legal Certainty[9]“-. Regarding the elements that are external to the above figures , which are in the upper dome of this universe, the “Natural Sciences”; and “Facts and Acts Human Socially irrelevant”; and the lower dome, Illegitimate or illegal, it is worth highlighting the following:  In the first case of “Natural Sciences” or the “Facts or Acts Human Socially Irrelevant”, these are facts that appear without expression for ethics-collective consciousness not even have legal repercussions and therefore are not jurígenos nature, but may in the future be considered as such, should any “ethics-collective conscience” legitimating them. In turn, the “Illegal Illegitimate or” are contrary to the “Formal Justice” and / or “Justice of the Standard Material.” Thus, for example, the fact subsumed the standard does not meet your “content” becomes illegal or unlawful and This goes against the law making it away from figure highlighted above, constituting a consistent object of social impact to be corrected by Judicial power. In the case, in particular the illegal or abuse of authority committed by public authority or corporate official in the performance of the government – former saw the art.5º, LXIX of the 1988 Constitution – and that becomes evident the social character relevant in scope of ethics and collective rejection and, Thus its harmful effects upon their wrongful achievement – his illegitimacy contradicting the “Justice Material” – and its opposition to the current regulations, in time and space – the “Justice formal” in concrete -. Therefore, in the examination of proposed theme is based on the formulation of a law that is concerned not only with the standard in its meaning of “Justice Formal”, but also in its content “Justice Material” which assumes in essence the “fundamental values ​​and principles” emerging ethics and collective consciousness. So, for the materialization of this “Standard Ideal” for the benefit of the “common good” of society, ” Public Policy ” also constitute a dimension of law that becomes effective in the way that society craves, promoting, finally, its developing all extensions of its operations.Furthermore, it stands as the heart of such reasons the realization of  “multidimensionality Theorem Law” which consists of the following statement: < any standard, as an instrument to serve the common good of society, according to their ethics and collective consciousness, makes up the formal completion and equipment of its dimensions: the jurígenos facts, the values​​, the principles, policies and legitimacy of the standard, in addition to its centroid constant improvement of the ‘democratic state’>..  In this context, the fact considered illegal or illegitimate by ‘positive law’ when there is attempt not only against the multidimensionality of law, but also in the face of its core – centroid – to become an affront to ethics and collective consciousness and concomitantly to the net and certain right of the petitioner , so shall lie with the Judge State recompose the reality, to have constitutional guarantees like, ie, the constitutional writ of “injunction” with the aim to ensure the full exercise of Justice formal and Justice Material that serves beyond the petitioner, but also has permanent effects to society . § 3º – RIGHT BIFRONTE CONCEPT  In paradoxical cognition plans contained in reality there should be noted that “good and evil” live in the same universe and therefore in that context the “law and Antijurídico” also have this dispute the same space in a “Vision bifronte” according to the nature of the human being and his own moral thinking, gnoseological, axiological and normative society at a given historical moment . Incidentally, with this order to suit the diversity of landscapes is illustrated in Figure below:   It is understood from the occurrence of a “fact illicit or illegitimate; ethical values ​​- axiology – violated; the neglected Law Principles; Public Policy illegitimate or addicted at the time of formation of the Standard – PP¹-; the Regulatory Content – Formal Justice and Justice Material – disrespected; or Public Policy at the time of execution of the standard, be inefficient -PP²- , beyond the ” democratic state “become, as a result,           “passed over”. Therefore, there Inocorrência the “Common Good” , for lack of “Justice Formal or material” or Public Policy unable to meet social aspiration. “Therefore, the law in this parallel universe, lies outside the ‘central figure’ and his influence will be greater or lesser in reducing or eradicating antijuridicidade if perhaps the “ethics – collective conscience” to impose this transformation: transmuting any “Right Dimension Degenerate considered” firmly making it shaped its progress yearnings and therefore without vices. In fact, it will be up to the courts accept that expectation of society, at the time of realization or execution of law in applying the Standard: considering as such, its broad legal meaning, ie, both formal and scope of material. In this sense, for example, when the ‘Judge’ subsumes a fact the norm in your sentence is accentuating the exercise of judicial state power, as it is abstractly inserted in the “State of the Formal Justice” and that is valued by the “Justice Material “originated by ethics-collective consciousness: influencing Thus in its reasoning to give emphasis to decisum proportional reach the primary social interest and reflection to the individual or collective right under examination. Moreover, it assumes that society to want to suppress certain acts of state authority to watch out the values ​​and principles relevant constitutionally contained in the standard – the standard content material -, invoke the protection of the Judge State so that this annuls the said offender . Thus, transmuting illicit caused by the aforementioned offensive conduct a legal and a legitimate and lawful conduct perpetrated by the State judge in the effectiveness of sanctions in the event that conduct fit the subsumption of the precept of the rule. Thus, the content of the rule of constitutional genesis that formulated the “Injunction” contains its social sense insculpido ethical range: found in a given historical moment and it will be up to the state meet its public policies that may justifiably explore the desires of society, featuring therefore the effective application of the ‘principle of legality’ that should be translated as the < Social Justice > to make dynamic law of constant evolution.  § 4º- UNDERSTANDING OF ILLEGALITY AND POWER ABUSE : ARTICLE 37 OF CF/1988.  In pursuit, comes the understanding of ‘illegality’ perpetrated by the public authority, as being harmful component of ‘Justice Formal’ and the emergence Thus one of the objects to be repelled in ” Writ of Mandamus ” to be joined by the judicial activity of the state. Thus, comes the highlight that the conduct of the authority or public servant should counter the norm in its broadest sense , as emphasized Miranda Bridges to proclaim on the scope of “Injunction”: “… No matter if the illegality was violation of the Constitution or any federal law or state constitution or state or municipal law, not matter if it was violated any federal, state or local rule of law…[10]. Thus, the repression of illegality is as it imposes itself as a prominent factor in a company formally considered democratic, but only have conclusive real effects, the company also advocates individual rights (including homogeneous ) and collective in the face of abuses of public authority or public official to represent it. In this regard, the judicial activity of the state encourages this social aspiration to declare the illegality of the act due to the governmental power : is the breakdown of this power in favor of the petitioner  interest, with the permanent ethical and social interest. Regarding the ‘abuse of power’, practiced by the public authority, it gives relief to foster a conduit for the affront, e.g., its principles in art. 37 of the 1988 Constitution: “Principles of Legality, impersonality, morality, Advertising and efficiency”. Thus, the prohibitive approach has at its heart the contrast also to “Justice Material” that is perfect in ‘values ​​- ethical content – and in the general principles of law’, and by corollary the meaning of the law goes beyond obedience to rule as governor conduct, establishing the adequacy of factors that the company considers relevant: as exemplary conduct of the public official, because of the position he holds. Thus, if the public servant exceeds the limits conferred by constitutional law, sometimes highlighted consequently fosters abuses the ‘Justice Material’, as ethical and social profile of the company that was her propellant. Therefore incumbent finally remember the scholium Celso Antonio Bandeira de Mello when stresses on the “Principle of Administrative Morality”: ” … According to him Administration and its agents have to act in accordance with ethical principles. Violate them will mean violation of their own right, setting illegality , which makes the conduct addicted to invalidation , as this principle has taken legal staff forums, in conformity with the art. 37 of the Constitution. It is understood in its context, of course, the so-called principles of loyalty and good faith… . According to the canons of loyalty and good faith, management will be to proceed with the administered honestly and ihaneza and shall be forbidden any cunning behavior, riddled with malice, produced in order to confuse, hinder or minimize the part by the exercise of rights citizens ..[11].” . After all, the “Injunction”, as one of the Public Law guarantees within the meaning of Jellinek[12], is not only a judicial remedy defense of individual rights or collective that the  modern state has developed , as well as being one of the means of ‘control of legality ‘ – “Justice Formal” – the acts of the State as ‘public authorities’, but is also situated in a guarantee model exercise ‘Justice Material’ and gives, after all, as a tool to ensure the’ Baricentro Law ‘and perfects the “democratic state”.    GRADES  1 – “An ethical society constitutes that which seeks the welfare of all and where the concept of well-being is democratically established” – Fabriz , Daury Cezar in ” Bioethics and Fundamental Rights ” , p.77 , Ed Commandments. 2 – In the statement of Carlos Cossio in “Egológica Theory of Law”: “que el derecho es la conducta in intersubjetva interference, put this as a cultural object is imbued with values ​​that le dan a sense, adding that these standards cumplem one doble paper, ya which in part son el pensamiento that mienta the describe to her conduct in su libertad y, por la otra Integran her conduct that ella misma hace mención, al integrate su meaning” – Cossio, Carlos, ” La Theory Egológica Del Derecho, Abeledo -Perrot, Buenos Aires, 1964 – . 3 – Garcia, Ricardo Gines, adds: “Los ethical values ​​obtained by them sentimientos if expresan in juicios ethical valoe. The difference of them juicios of existence that contienen solely factual afirmaciones about it that las cosas son, los juicios value señalan it repercusión that los propios acts the ajenos tienen to sujeto un es dicidir, Ponen of manifiesto el appreciate or desprecio to them acciones poseen to un human. Por ejemplo , we issued un juicio existence cuando affirm ‘el hombre es rational animal un’ y juicios ethical value cuando the 10th ‘this mujer es buena’ o ‘this fair es juez’ – in “Fundamentals Del Derecho” Parable Editorial, p . 89 – .  4 – Raws, John in “A Theory of Justice”, p.11, Ed Martins Fontes: “I consider that the concept of justice is defined by the performance of its principles in assigning rights and duties and in defining the appropriate division of advantages social . A conception of justice is an interpretation of this act”.  5 – “… For it explicación of this individuality of them primary sociales ordenamientos to invention it popular conciencia de la moral y derecho. This selective conciencia y aun creadora, deberia be decisive, for it concrete configuración del ordenamiento system in each Σ – sociedad – particularly given…” – Geiger, Theodor – Estudios de Derecho Del Sociology, p.99, Ed Fund. de Cultura Economica – Mexico .  6 – Polo, Leonardo in “The Kantian Criticism of Knowledge”, p.47, Ed Scale: ” The Kantian time work as a rule; It can therefore be applied to space, but is not limited to this. The time, in Kant’s epistemology, is more linked to understanding the concept that space. And, indeed, it is clear that I can have a concept that does not exist in any way space. The triangle in space is always this or that , but the concept is valid for all. Triangle scheme is not his image; It is that through the concept comes to image, but without being fixed by it. At time as layout – as a rule of construction – is, therefore, the universality concept. The imagination of time is compared with the space according to representation; but on the other hand, as outlined rule, covers all possible cases unilaterally, while in space would require infinitely multiply representations” – emphasis added – .  7 – Stressing that the state control should be expanded to ensure an inviolable system, this Austrian master – Jellinek – alluding, as an ideal to be achieved: “C’est pensant in the cet avenir nous that voulous terminer ce free” – Jellinek, L’ Etat Moderne et son Droit, vol . 2 p.’566 et seq .  BIBLIOGRAPHY  1 – Fabriz, Daury Cezar in “Bioethics and Fundamental Rights”, p.77, Ed. Commandments. 2 – Cossio, Carlos, “La Theory Egológica Del Derecho, Abeledo – Perrot,Buenos Aires, 1964 – . 3 – Garcia, Ricardo Ginés, in “Fundamentals Del Derecho” Parable Editorial, p. 89 – . 4 – Savigny, Carlos Federico, cited Larenz, Karl in “Derecho Justo, Legal Ethics Fundamentals”, p.24, Civitas Editorial, S.A .. 5 – Raws, John in “A Theory of Justice”, p.11, Ed. Martins Fontes. 6 – Geiger, Theodor, – Estudios de Sociologia Del Derecho, p.99, Ed. Fundo de Cultura Economica – Mexico. 7 – Cupello, Leonardo Pache de Faria, in Tutela Penal & Criminal Procedure Privacy, at pages. 23 ff. Ed. Juruá. 8 – Polo, Leonardo in “The Kantian Criticism of Knowledge”, p.47, Ed. Scale. 9 – Silva, José Afonso da, Constitutional Law Course Positive, pp 122-123, Malheiros Editores. 10 – Miranda, Bridges, “Comments on the Constitution of 1967 with the Amendment No. 1, 1969, Volume V – arts . 153, § 2 -159 ), Ed. Forensic, p.338.  11 – Mello, Celso Antonio Flag, “Administrative Law Elements” Publisher magazine of the Courts, p. 70/71 . 12 – Jellinek, “L’ Etat Moderne et son Droit vol. 2 p.’566 ff – .

[1] “An ethical society constitutes that which seeks the welfare of all and where the concept of well-being is democratically established” – Fabriz, Daury Cezar in “Bioethics and Fundamental Rights”, p.77, Ed Commandments.

 

[2] In the statement of Carlos Cossio in “Egológica Theory of Law”: “que el derecho es la conducta in intersubjetva interference, put this as a cultural object is imbued with values ​​that le dan a sense, adding that these standards cumplem one doble paper, ya by a part son el pensamiento that mienta the describe to her conduct in su libertad y, por la otra Integran her conduct that ella misma hace mención, al integrate su meaning” – Cossio, Carlos, “La Theory Egológica Del Derecho, Abeledo -Perrot, Buenos Aires, 1964 – .

 

[3] Garcia, Ricardo Gines, adds: “Los ethical values ​​obtained by them sentimientos if expresan in juicios ethical valoe. The difference of them juicios of existence that contienen solely factual afirmaciones about it that las cosas son, los juicios value señalan it repercusión that los propios acts the ajenos tienen to sujeto un es dicidir, Ponen of manifiesto el appreciate or desprecio to them acciones poseen to un human. Por ejemplo, we issued un juicio existence cuando affirm ‘el hombre es rational animal un’ y juicios ethical value cuando the 10th ‘this mujer es buena’ o ‘this fair es juez’ – in “Fundamentals Del Derecho” Parable Editorial, p . 89- .

 

[4] Savigny, Carlos Federico, cited Larenz, Karl in “Derecho Justo, Legal Ethics Fundamentals”, p.24, Civitas Editorial, S.A.

 

[5] Raws, John in “A Theory of Justice”, p.11, Ed Martins Fontes: “I consider that the concept of justice is defined by the performance of its principles in assigning rights and duties and in defining the appropriate division of social advantages. A conception of justice is an interpretation of this act”.

 

[6] “… For her explicación of this individuality of them primary sociales ordenamientos to invention it popular conciencia de la moral y derecho. This selective conciencia y aun creadora, deberia be decisive, for it concrete configuración del ordenamiento system in each Σ – sociedad – particularly given …” – Geiger, Theodor – Estudios de Derecho Del Sociology, p.99, Ed Fund. de Cultura Economica – Mexico .

 

[7] Cupello, Leonardo Pache de Faria, in Tutela Penal & Criminal Procedure Privacy, at pages. 23 ff. Ed . Juruá.

 

[8] Polo, Leonardo in “The Kantian Criticism of Knowledge”, p.47, Ed Scale: “The Kantian time work as a rule; It can therefore be applied to space, but is not limited to this. The time, in Kant’s epistemology, is more linked to understanding the concept that space.  And, indeed, it is clear that I can have a concept that does not exist in any way space. The triangle in space is always this or that, but the concept is valid for all. Triangle scheme is not his image; It is that through the concept comes to image, but without being fixed by it. At time as layout – as a rule of construction – is, therefore, the universality concept. The imagination of time is compared with the space according to representation; but on the other hand, as outlined rule, covers all possible cases unilaterally, while in space would require infinitely multiply representations” – emphasis added – .

 

[9] Course of Constitutional Law Positive, pp 122-123 , Malheiros Editores.

 

[10] Miranda, Bridges, “Comments on the Constitution of 1967 with the Amendment No. 1 , 1969 , Volume V – arts . 153, § 2 -159 ) , Ed . Forensic , p.338 .

 

[11] Mello , Celso Antonio Flag , ” Administrative Law Elements ” , Editora Revista dos Tribunals , p. 70/71 .

 

[12] Emphasizing that state control should be expanded to ensure an inviolable system , this Austrian master was referring , as an ideal to be achieved: “C’est pensant in the cet avenir nous that voulous terminer free ce” – L’ Etat moderne et son Droit vol . 2 p.’566 ff – .

 

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