A abrangência da aplicação do artigo 20 da LINDB: os valores jurídicos abstratos, os princípios e os conceitos jurídicos indeterminados

Abstract

This work aims at discussing the actual effects produced by article 20 of the Introduction Rules to Brazilian Law, since such legal provision intended to guarantee legal certainty in the enforcement of Public Law. Methods focused on literature review, mainly jurists’ opinion. The main purpose is to give righteous interpretation on “abstract juridical values”, expression that is, per se, very imprecise. Thus, after framing this tapestry of concepts, we have the following issue: how interpretable is the expression “abstract juridical values” (article 20 of the Introduction Rules to Brazilian Law)? To propose an elucidating solution, we investigate, in the first section of this work, the changes forced by Administrative Law due to its constitutionalization. This way, the enforcement of principles is especially unsettling. In the second section of this work, it is necessary to give a short definition of undefined legal concepts in the context of legal procedures limits to using them in judicial and administrative decisions. At last, in the third section, the effort is to settle the motivation of the administrative act as sufficient discursive field to clarify the expressions that the Administration use in whatever it decides, provided that it takes into account the practical consequences of its decision.