BASE NATURAL DO ORDENAMENTO JURÍDICO
DOI:
https://doi.org/10.21527/2176-6622.2019.52.62-76Keywords:
natural law; scholastic; neo-scholastic; modern school; jusnaturalismAbstract
The article deals with the natural basis of the legal system, that is, it considers natural law as part of the state legal system. This study initially seeks to clarify the main concepts related to the subject, and, from there, to expose the considerations of different philosophical-juridical currents that, respectively, were the basic source of writings and teachings related to natural law. In the end, there is also a confrontation with doctrinal positions that diverge from the position of considering natural law as part of social law and effectively applied. The study is developed through the analysis of several doctrinal works, and from it results two points to some extent opposite and paradoxical: on the one hand, an initial tendency of the growth of the less divine and more and more secular thought for the legal analysis; and, on the other hand, the factual response to the resumption of the divine foundation for the construction of a juridical order (as a reaction, for example, to the wars of the twentieth century).
Downloads
Published
How to Cite
Issue
Section
License
By publishing in the Revista Direito em Debate, authors agree to the following terms:
Articles are licensed under the Creative Commons Atribuição 4.0 Internacional (CC BY 4.0), which allows:
Share — copy and redistribute the material in any medium or format;
Adapt — remix, transform, and build upon the material for any purpose, including commercial use.
These permissions are irrevocable, provided the following terms are respected:
Attribution — authors must be properly credited, with a link to the license and indication of any modifications made;
No additional restrictions — no legal or technological measures may be applied that restrict the use permitted by the license.
Notices:
The license does not apply to elements in the public domain or covered by legal exceptions.
The license does not grant all rights required for specific uses (e.g., image rights, privacy, or moral rights).
The journal is not responsible for opinions expressed in the articles, which remain the sole responsibility of the authors. The Editor, with the support of the Editorial Committee, reserves the right to suggest or request modifications when necessary.
Only original scientific articles presenting research results of interest, not previously published or simultaneously submitted to another journal with the same purpose, will be accepted.
References to trademarks or specific products are intended solely for identification purposes and do not imply any promotional endorsement by the authors or the journal.
License Agreement (for articles published as of 2026): Authors retain copyright over their articles and grant the Revista Direito em Debate the right of first publication.
