Abstract

LEAL, Saul Tourinho  and  BRITTO, Nara Pinheiro Reis Ayres de. LEGITIMACY AND ITS LINK TO THE DEMOCRATIC CONSTITUTION. Revista Internacional CONSINTER de Direito [online]. 2019, n.8, pp.331-342.  Epub June 28, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00008.19.

We must understand the importance of normative legitimacy in a Democratic State of Law, as it is essential for the harmonious coexistence between the State and its citizens. In this sense, the purely formal requirements of the Kelsenian normative model are no longer sufficient for the proper development of the legal system governed by the principle of democracy, respect for citizen’s fundamental rights and the dignity of human beings. Thus, both the Constitution of the Portuguese Republic and the Constitution of the Federative Republic of Brazil have done justice to this normative leap and have implemented in their legal system the principle of legitimacy and democracy as continents principles that must be followed and respected by all.

Keywords : Legitimacy; Normative Law; Constitutional Fairness; Democracy; Continent Principles; Portuguese Constitution; Brazilian Constitution.

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