Teoria Geral do Direito - Aula 2

Summary

In this lecture, Professor Antônio Carlos delves into key legal concepts, starting with the definition of legal facts and their regulation by law. He explores the distinction between physical persons and legal persons, emphasizing their roles as subjects of law. The professor explains the difference between objective law (the set of norms in force) and subjective law (individual rights), followed by a breakdown of public law versus private law. Finally, he contrasts legal techniques and dogmatics as approaches to legal analysis, showcasing the complexity of legal studies. The session concludes with a teaser on the next class's focus: the sources of law.

Takeaways

• 😀 Legal facts are events that generate, modify, or extinguish a legal relationship, regulated by law.
• 😀 Every human being, by simply being born, is a subject of law, with certain legal rights and responsibilities.
• 😀 Legal persons are groups of individuals who come together for a common purpose, recognized by law.
• 😀 Objective law refers to the set of norms and rules governing society, while subjective law refers to the individual rights granted by these norms.
• 😀 Objective law is referred to as 'norma agendi' (norm of action), and subjective law as 'facultas agendi' (faculty to act).
• 😀 Public law concerns the state's interests and its relationship with individuals, while private law governs the relationships between individuals.
• 😀 Public law includes fields like constitutional, administrative, tax, financial, and criminal law, focusing on societal regulation and state authority.
• 😀 Private law regulates personal relationships and private interests, including civil and business law.
• 😀 In public law, the state's interests take precedence over individual interests, while in private law, individuals are considered equal parties.
• 😀 Legal techniques involve speculative, open-ended inquiry, often combining disciplines like sociology, history, and philosophy to study law from a broader perspective.
• 😀 Legal dogmatics focuses on unquestionable principles and fixed concepts, emphasizing indoctrination over exploration and critique in legal thought.

Q & A

What is a legal fact, and how is it defined in the script?

A legal fact is any transformation of reality or the outside world that is regulated by law. It is an event that generates, modifies, or extinguishes a legal relationship, impacting individuals or entities within a legal framework.

Who are considered 'subjects of law'?

Subjects of law include physical persons (natural persons) who are members of the human species and legal persons, which are human groups or entities created to pursue a common purpose.

What is the difference between objective law and subjective law?

Objective law refers to the set of general and abstract legal norms within a legal system, while subjective law refers to the rights or prerogatives granted to individuals, allowing them to invoke legal protections for their own interests.

How is objective law related to subjective law?

Objective law guarantees subjective rights. When a provision of objective law is applied, it affects individuals, granting them subjective rights to defend their own interests through legal action.

What is the origin of the distinction between public law and private law?

The distinction between public and private law originates from Roman law. Public law concerns the interests of the state, while private law deals with the interests of individuals. This distinction was influenced by the need for legal security in medieval European trade.

What is the primary difference between public law and private law?

Public law governs the relationship between the state and individuals, addressing matters of public interest (e.g., constitutional, criminal, administrative law). Private law, on the other hand, regulates relationships between individuals, focusing on private interests (e.g., civil, business law).

How does the relationship between parties differ in public law and private law?

In private law, relationships between parties are typically based on equality. In public law, the state's interests override individual interests, and the rules are imperative to protect these state interests.

What role does legal dogmatics play in legal theory?

Legal dogmatics is a theoretical approach that focuses on teaching unquestionable doctrines. It is closed and fixed, emphasizing the importance of established legal concepts and preventing further questioning or speculation.

What is the technical approach to legal theory?

The technical approach is interdisciplinary, open, and speculative. It involves questioning, investigating, and analyzing law within various other fields, such as sociology, anthropology, psychology, and political science, to better understand the legal phenomenon.

Why is the concept of legal person important in the context of law?

A legal person is important because it represents an entity, like a corporation, that can have rights and obligations, similar to a natural person. It was developed to provide legal security for business activities, particularly during the Middle Ages in Europe.