FONTES DO DIREITO: Fonte Material e Formal | Primária e Secundária (Explicação FÁCIL e RÁPIDA)

Summary

In this video, Thiago Nery discusses the different classifications of legal sources. He explains the distinction between material and formal sources, with material sources tied to societal facts such as politics, economy, culture, and religion, while formal sources relate to the tangible expression of law through customs, jurisprudence, doctrine, and legislation. Nery also covers primary and secondary sources, emphasizing that primary sources, like laws, can create new legal rules, whereas secondary sources, like regulations, help enforce existing laws. Throughout, he emphasizes the importance of understanding legal sources and invites viewers to explore more on the topic.

Takeaways

• 😀 Sources of law refer to the origins or foundations that give legal norms their validity.
• 😀 Material sources relate to the substance or essence of the law, linked to societal facts like economy, politics, culture, and religion.
• 😀 Formal sources of law externalize the law, making it tangible, such as customs, jurisprudence, doctrine, and legislation.
• 😀 Formal sources can be classified into state (emanating from public power) and non-state (not created by state organs).
• 😀 Primary sources are self-sufficient to create legal norms and have coercive power by themselves, such as laws that can innovate the legal system.
• 😀 Secondary sources rely on primary sources to be valid and do not modify the legal order, but instead, complement primary sources.
• 😀 The function of secondary sources is to ensure proper implementation of primary sources, setting procedures for compliance.
• 😀 Examples of secondary sources include regulations, resolutions, and ordinances, which support the enforcement of primary legal norms.
• 😀 The speaker encourages viewers to explore further content on the channel, including playlists that discuss the influence of various societal factors on law.
• 😀 The speaker promotes a digital book titled 'Introduction to the World of Law', designed to make learning law more accessible with easy-to-understand language.

Q & A

What are the two main categories of legal sources mentioned in the video?

The two main categories of legal sources mentioned are 'material sources' and 'formal sources.' Material sources refer to the substance or essence of the law, while formal sources are related to how the law is expressed or externalized.

What is the difference between material and formal sources of law?

Material sources refer to the facts and events in society, such as economics, politics, culture, and religion, that influence the creation of laws. Formal sources, on the other hand, are the means by which law is externalized, such as customs, jurisprudence, doctrine, and legislation.

How do material sources impact the creation of laws?

Material sources impact law creation by reflecting the social context, such as economic, political, cultural, and religious factors. These elements shape the laws to ensure they address current societal needs.

What are the two types of formal sources of law?

The two types of formal sources of law are state sources and non-state sources. State sources include laws and jurisprudence, which are created or authorized by government institutions. Non-state sources, such as customs and doctrine, are not created by the state but still play a role in shaping the legal system.

What is the difference between primary and secondary sources of law?

Primary sources of law are self-sufficient in generating legal rules and have coercive power on their own, such as laws. Secondary sources rely on primary sources for their validity and do not create new legal rules, but rather help execute the rules set by primary sources, like regulations and resolutions.

What is the function of secondary sources of law?

Secondary sources of law serve to complement and help implement primary sources. They define procedures and set out the necessary steps to ensure that laws are applied and followed correctly.

Can secondary sources create new legal rules?

No, secondary sources do not create new legal rules. They are designed to support and ensure the execution of the rules set by primary sources, such as laws.

What are some examples of secondary sources of law?

Examples of secondary sources of law include regulations, resolutions, and administrative orders like portarias, which help implement and clarify primary legal norms.

Why does the speaker mention their book 'Introduction to the World of Law'?

The speaker mentions their book 'Introduction to the World of Law' as a resource for those starting to learn about law. It is designed to explain complex legal concepts in a simple, easily understandable way, making it accessible to beginners.

What does the speaker emphasize about the importance of studying law?

The speaker emphasizes that studying law is a powerful tool for societal transformation. They believe that as long as there are people who believe in the power of education and change, there is hope for the world.