As Lacunas e seus Respectivos Mecanismos Supletivos
DOI:
https://doi.org/10.24859/RID.2020v18n2.932Keywords:
gap, analogy, custom, general principles of LawAbstract
The legal order has constituted itself as a system of legal standards, which makes us infer that these standards are not singly arranged, but relating to each other, forging a system provided with the attributes of unity, coherence and completeness. The term completeness, according to BOBBIO, "is understood as the quality of the legal order that has a rule for each case". On the other hand, the lack of a rule is traditionally called gap, a problem that, according to the current Law of Introduction to the Norms of Brazilian Law (Lei de IntroduçãoàsNormas do DireitoBrasileiro - LINDB), has to be solved through one of the supplementary mechanisms: analogy, custom and the general principles of Law.