INTRODUCTION TO LAW STEP BY STEP

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Tá Tudo Mapeado

Published on Oct 31, 2019
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????Telegram Channel: https://t.me/mapasgram ⚡Website: https://tatudomapeado.com/ ⚡Instragram: ➡️ @tatudomapeado ➡️ @mapasmentais_direito ➡️ @profabioramos Content: Hello everyone, let's learn law in a much more objective, fun and clear way. With these classes you will be able to better learn its content, review the subject and answer questions for tests and competitions. In our second class we will talk about introduction 02. To start, we need to go back in time and understand a few things. A long time ago we were a colony belonging to Portugal, after the proclamation of the republic and independence we became sovereign and soon became a State (country). The State is endowed with 4 elements: Human element - people (born and naturalized Brazilians). Geographic element - territory - the AREA OVER WHICH THE STATE WILL EXERCISE THE 3RD ELEMENT, WHICH IS SOVEREIGNTY. Political element - Sovereignty means independent and supreme political power. Independent because the State, at the international level, is not subordinate to anyone. AND SUPREME BECAUSE IT HAS THE POWER OF AN EMPIRE. Teleological element – ​​purpose (NOTE: THIS ELEMENT DOES NOT ALWAYS APPEAR ON THE TEST, MANY TIMES THE TESTS ONLY PUT THE FIRST 3) OOPS, WE ALREADY HAVE THE STATE, NOW WE NEED RULES, THAT'S WHERE THE LAW COMES IN  IT COMES AS A set of rules issued by the State (positive legal rules) to make life in society viable, regulating legal relations between private individuals (horizontal relations) and between them and the State itself (vertical relations). Therefore, we have two legal relations, state and private and priv and privad (horizontal). We already have a test question: Will fundamental rights be applied only in vertical relations?? NO. VERTICAL AND HORIZONTAL. THERE IS EVEN A MAXIM THAT SAYS “There is no society without Law. There is no Law without society” OK. BUT CAN THE LAW BE DIVIDED??? For educational purposes, it is divided into public and private law branches. Public - guided by the principle of sovereignty, characterized by the realization of state power and will over its individuals. Private law: maximum principle of private autonomy, being able to enjoy the ability to establish norms according to their interests. Examples So where does constitutional law fit in??? It is the branch of public law that studies the constitution of a State. So we already have the State, we already have the law. Now we need a law that will organize the entire State, it will be the Constitution. DID YOU KNOW THAT THERE IS NO CONSTITUTION WITHOUT THE STATE, NOR A STATE WITHOUT A CONSTITUTION?? EVERY STATE NEEDS A CONSTITUTION. And what is a constitution? It is the fundamental and supreme norm of the Fundamental State because it will structure and organize the State and its elements, providing mainly on: 1) formation of public powers; 2) limitations on public powers; 3) rights and guarantees of individuals; 4) form of government; 5) mode of acquisition and exercise of power; 6) form of exercise of state power in terms of territory; 7) distribution of powers. It is supreme because it is at the top of the national legal system and can only be changed through a special legislative procedure, which is more difficult than the drafting of ordinary laws (constitutional rigidity). Emphasize that, huh!! Our constitution, regarding the mode of amendment, is rigid due to the special modification procedure. Let's see this later. The Federal Constitution can be changed through a PEC (proposed constitutional amendment). This proposal has to be approved by both houses of the National Council in two rounds by three-fifths of the members and be enacted by the boards. It is also supreme. Because it has formal supremacy, it serves as a parameter of validity for all other norms, that is, they will only be valid if they are in accordance with the Constitution. Otherwise, they will be unconstitutional and null. Well, that was our first introductory class. See you next time.

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