<b> Do império da lei à lei do império: quem governa o direito? </b> - doi: 10.5102/rdi.v9i4.2119

Abstract

This article is developed from the following central question: how to think about the validity and legitimacy of the current Law based on the normative model? Legal Positivism fulfills its task of presenting the golden rule of Law, as a hypothetical judgment. However, nowadays, the normative hierarchy structure, as a tool for understanding the actual practice, is not a model that satisfies the process of creating and applying the Law. This structure is not compatible with the interactive process and dynamics of the present globalization age. The normative order does not govern the Law completely. It is necessary to reflect, through democratic criteria, on the law making for the ‘global village’. In this sense, it is used an analytic-descriptive reflection methodology, based on four structural axes (Theoretical and substantive, Regulatory, Institutional and Social) that represent the transformations of Law today.