But it is undoubtedly the Declaration of the Rights of Man and of the Citizen of 1789 that seems to clearly articulate the idea of legality, to which must also be added the «constitutions» resulting from the liberal revolutions: English, American and French. In this scenario, the idea of a natural law that understands law as a set of universal, necessary, and immutable laws, whether derived from reason or derived from a divine force, is shattered and begins to treat law as a convention and norms that must be socially established. Any rule of law is governed by a system of norms and institutions linked to a constitution that guarantees fundamental human rights. It should be noted that the legal sphere of one community cannot be completely shared by another community, especially with regard to traditions and ancient laws that remain in time. As a result, many societies have come into conflict when it comes to solving common problems, although international law or legality seeks to establish common norms of coexistence that can be jointly organized and resolved in accordance with the interests of all nations. ARAGON, Alexandre Santos de. Principle of legality and regulatory power in the current state. Journal of Administrative Law, vol. 225, pp. 109, 129, July/September 2001.

Retrieved 2017-06-19. DUTRA, Delamar José V. Legality as a form of the rule of law. Kriterion, Belo Horizonte, No. 109, pp. 58-80, June 2004. Retrieved 2017-06-18. Madeira (2014, pp. 36) recalls that the principle of legality, in particular, is rooted in the ideas of the Enlightenment and the origin of the rule of law, since the elaboration of theorists such as Montesquieu, one of the first to advocate a clear separation between executive, legislative and judicial. But it is possible to go even further in the origin of this principle, which goes back to «the Magna Carta of 1215, a document imposed by the English barons anxious to limit the power of King John landless». The barons therefore intended to limit the power of the sovereign by a legal system, replacing the individual will of the monarch with the «general will» elaborated by the «representatives» of the people.

It was the word I needed to strengthen my study of legality. Congratulations. People have always needed norms to establish a standard of behavior in society, and legality is always an attempt to establish permanent and valid rules in human society, works of reason that can free individuals from human arbitrariness on the part of those in power. Aragon (2001, p. 114) argues in this context that man «has always needed stable and predictable norms according to which he has been able to direct his behavior, creating throughout history the most diverse bases for responding to the limits of his freedom». The principle of legality implies rules and rules which, in a way, are intended to determine that there is no authority superior to that of the law; that the ruler does not govern by virtue of this law alone, and that obedience can only be demanded of individuals in the name of the law. Let us imagine for a second how chaotic it would be to live and develop in a society where there is no legality, rules and justice. It would be extremely difficult and because it is not impossible to live.

Legality, that is, respect for the law, guarantees respect for civil rights, but if there is no such respect, a complaint can be filed in court to resolve the situation in question. Applied to criminal law, the principle of legality or legal reservation allows us to say that Parliament is generally denied the creation of criminal laws that deal with facts before they are valid, characterize them as crimes or impose sentences on officers. See the following table with the distinction between what we can call «private legality» and «public legality» (available in: Scope Jurídico.com.br, accessed 17.06.2017): As seen above, legality is for Kelsen the sufficient condition of the rule of law, also because each state is already a constitutional state for him. In the case of Hobbes, legitimacy is withdrawn once and for all from the interests of the individual to emerge from the state of war, 27. Analyzing the thinking of the German sociologist Max Weber and discussing the relationship between the state and legality, Dutra (2004, p. 2004). 61-62) highlights how this confusion relates to the notion of State, which is subject to the legality of certain particularities: Santos Neto (2003, pp. 157) points out that the principle of legality The principle of legality can be expressed more or less as follows: The principle of legality is an important part of administrative law and limits public administration to doing only what is provided for by law. According to article 37 of the Federal Constitution, which states: In any event, legality and legitimacy appear to be closely related principles. In general, legality represents the formal and legal aspect of power, and legitimacy is an essential ideological issue.

According to this reasoning, a government is legitimate if it follows the rules in force and established. MARRARA, Thiago. Legality in relations between ministries and regulators. In: ARAGON (org.). The regulatory power of regulators. Rio de Janeiro: Forensics, 2005. First, its procedural aspect, which is already «that any law may be created and amended by a law formally properly sanctioned»; Second, legality, because «one obeys not the person by virtue of his own right, but according to the established rule, which determines at the same time to whom and to what extent one must obey. When he speaks of legality, he refers to the existence of a system of laws that must be respected and that constitutes the approval of certain actions, while actions or circumstances disapprove of others that affect established and applicable norms. Excellent text, excellent learning material! God bless you, today and forever! I am very grateful to have found your blog.