LEGAL LOOPHOLES: AN ANALYSIS OF NORMATIVE VOIDS AND THEIR MANAGEMENT IN A DYNAMIC LEGAL SYSTEM - DOI: 10.12818/P.0304-2340.2025v86p41

Abstract

The concept of legal gaps in civil law systems stems from the impossibility of legal norms to foresee all social situations, which generates normative gaps that require complementary mechanisms for their resolution. This article aims to analyze these gaps from a theoretical and practical perspective, exploring their nature, typologies and tools for legal integration. The methodology used combines an analytical-descriptive approach with the doctrinal and comparative analysis of legal systems. It was concluded that the existence of gaps in the legal order depends on the theoretical framework adopted. For those who believe in the integrity of the legal order as a closed system of norms, legal gaps are not possible, while for those who conceive of the legal order as an open system, gaps are inevitable. The proper management of gaps is fundamental to preserving the coherence and integrity of the legal system. Integration mechanisms allow the law to adapt to new social and technological realities and ensure justice and equity. The role of the judge is key in this process, given the prohibition of non liquet.

KEYWORDS: Loopholes. Legal Gaps. Analogy. General principles of
law. Legal Integration. Legal Coeherence.