Foundations in the constitutional superstructure

as a totality

pp. 127-130

in: Humberto Ávila, Certainty in law, Berlin, Springer, 2016

Abstract

Among the possible meanings that can be assigned to legal certainty as a principle, the normative order indicates which of the analytically discernible meanings should be taken into consideration for its structuring aspects, by examining its superstructure (the whole) and its constitutional structure (the parts). Analysis of the constitutional superstructure shows that the Brazilian Constitution not only protects legal certainty, but also embodies legal certainty itself: It establishes more rules than principles, and insists on stipulating the competent authorities, which laws should be enacted, the content to be implemented, the procedures to be followed, and the subjects to be covered, favoring through such provisions the ideals of normative knowability, reliability and calculability.