SEGURANÇA JURÍDICA, PREVISIBILIDADE E FLEXIBILIDADE: UMA LEITURA DO ARTIGO 23 DA LINDB - DOI: 10.12818/P.0304-2340.2023v83p113

Abstract

Article 23 of Decree-Law no. 4,657/1942
(Law of Introduction to the Norms of
Brazilian Law-LINDB), included by Law
13,655/2018, legislatively concretized the
postulate of legal certainty both as a duty
to protect consolidated legal situations and
to offer means of protection for future legal
conflict, offering a margin of change necessary
for the development of the established
Law and the fulfillment of the institutional
objectives of the Rule of Law. In short, the
analysis of article 23 of the LINDB allows us
to simultaneously understand legal certainty
both from the aspect of predictability and
from the aspect of flexibility. The aspect
of predictability is configured through the
identification of the dynamics from the internal
point of view of the system’s agents in their
internalized practice and in the consolidated
situations arising from this practice. On the
other hand, the aspect of flexibility appears
through the identification of directives
corresponding to the normative program and
planning that guide the legal system in facing
new situations and human conflicts that arise.
The combination of both aspects implies
understanding legal security under a matrix of
continuity – conservative as is typical of the
notion of the Rule of Law, but opening the
doors to renewal. Eminently descriptive, this
work seeks to identify the relevance of the
new device and the weight of legal certainty
as a normative postulate applied in decision making and in the development of Law as a social practice, influencing the interpretative
and adjudicatory work of participants in the
dynamics of legal discourse, protecting the
interests of individuals.