Abstract

MARRAFON, Marco Aurélio  and  ROBL FILHO, Ilton Norberto. Legal sources and the democratic and social state and rule of law: the crisis and notes for its solution. Cuest. Const. [online]. 2015, n.33, pp.105-132. ISSN 1405-9193.

This essay analysis the crisis of the theory of legal sources in Brazilian contemporary law and its negative impact on the implementation of the Democratic and Social State and of Rule of Law. Without disregarding the perspective of guarantee of rights, in a Constitutional reading informed by the model of the Democratic and Social State, it is imperative to consider also the questions of democracy and the separation of powers in the light of the legal sources, which is possible by revaluing the role of legislation considered in a context of greater democratic legitimacy and created from a more effective dialogue with other legal sources.

Keywords : legal sources; Constitution; democracy; separation of powers; legality.