Imperious. This means that compliance with the rules is ensured by sanctions. In addition, the authorities can resort to violence. An example is when a person breaks into private property. If you commit this crime, you automatically have a penalty, but in addition, the police can condemn you violently if you refuse to leave. The Constitution and laws are valid only in this sense, which gives them competence. The sanction is not one of the determining elements of the legal norm (phonic support or legal consequence), it is due to the need for a prescriptive control of the law – this because the legal force is the instrument of the realization of the law (widely understood as a legal order). The concept of legal system would therefore be the context of normative production. It would therefore include not only legislation for its own sake, but also techniques for developing and integrating legal norms into different areas of law. Normative acts are those that contain a general order of the executive aimed at the proper application of the law. The immediate purpose of these actions is to explain the legal standard to be observed by the administration and administrators. For example, in a municipal ordinance regulating noise pollution in nightclubs, the de facto hypothesis would be the possibility that a nightclub would produce excessive noise.
The legal consequence would be the penalty provided for this act (fine, community service, imprisonment, etc.). A legal norm is a rule created to organize social behavior according to the duties and rights of citizens. It is characterized by its sanctioning function, that is, it must be fulfilled, otherwise it will result in a sanction or punishment. Decisions, normative or individual, are always subordinate acts to the rules and rules of procedure and cannot approve or contradict them, but can only supplement and explain them. Their impact can be internal or external, depending on the scope of the standard or the addressees of the specific measure. Therefore, the sources of Mercosur law, even if they are elaborated indirectly by entities representing the executive, are, at least for the time being, the decisions of the Council of the Common Market, the resolutions of the Common Market Group and the guidelines of the Mercosur Trade Commission, all drawn up by consensus between these bodies vested with decision-making powers, since they provide the conceptual basis. on which Mercosur is based. On the other hand, these decision-making bodies are always subsidized by the studies and debates of the other bodies subordinated to them in the bloc`s organizational chart in accordance with the provisions of the above-mentioned Treaty of Asunción (1991) and Protocol of Ouro Preto (1994). According to Paulo Dourado de Gusmão, the normative proposal is inserted into a legal system guaranteed by the authorities or international organizations. It also states that such a proposal may discipline conduct or actions that cannot have coercion and punishment as their object.
According to the author, they are aimed at ensuring social and international peace and order. Ferrajoli`s guarantee, although considered part of the post-war constitutionalist trend, is based less on the evaluation of principles, a thesis advanced by neo-constitutionalists, than on legality and conflict resolution within the framework of the provisions of the legal system itself. However, attention paid to the predictions of the law does not mean that guarantor is synonymous with positivism, at least the conception of paleopositivism that focuses on the literality of the law. Bilateral. Any legal standard always consists of two parts: the subject or event for which the standard is indicated and the body responsible for its compliance. In traffic legislation, for example, drivers and pedestrians are subject to regulation, while road authorities are responsible for compliance. Legislation is part of the legal system.
