Transparency as a Paradigm for Democracy under the Rule of Law

José Horácio Halfeld Rezende Ribeiro


[extract] The complex overlap between national, international and supranational legal relations, for example the European Common Market, each with its own legal system, refers us to a new normative paradigm that corresponds to reality and can absorb all changes that may ensue.

Thus, science has suffered with the speed and complexity of the new problems, which is a clear reflection of the social fact, leading us to reflect critically on the adequacy of methods and principles, revealing a crisis of law due to the loss of certainty and security.

Hence the relevance of adopting legal models that can meet the demands of an increasingly demanding and intense reality.

Mario Losano observes that the pyramid has become a regular term of the jurist, emphasizing that the system of Hans Kelsen is practical, because it facilitates the understanding of law, and has a psychological function in conveying the certainty that the law is complete and ordered.

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