The gaps and the legal system (in)completeness
DOI:
https://doi.org/10.12957/rfd.2013.5067Keywords:
Gaps. Classification of gaps. Completeness. Legal systemAbstract
The paper aims to analyze the discussions about the completeness and the existence ofgaps in the legal system. Many people say that the completeness of the legal system issynonymous of no gaps and that, by admitting the existence of gaps, legal systems are thereforeincomplete. In addition, we conducted research about the classification of gaps and about theintegration methods used by judges to fill gaps in the exercise of their judicial activity. Weconclude that gaps are the absence of specific rules to regulate certain conduct. Gaps aredeficiencies present in all jurisdictions. This, however, is not synonymous of incompleteness.The legal system will be complete when, by admitting the existence of gaps, it presents thepossibilities of solving the problems presented to the magistrates, as in the case of Brazilian legalsystem.
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