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. Bilateralidade atributiva (características da regra jurídica) - Alessandro Geremia

. Bilateralidade atributiva (características da regra jurídica) - Alessandro Geremia

Citações:

“Bilateralidade atributiva é, pois, uma proporção intersubjetiva, em função da qual os sujeitos de uma relação ficam autorizados a pretender, exigir, ou a fazer, garantidamente, algo." REALE, Miguel. Lições Preliminares de Direito. 25ª edição, 22ª tiragem, São Paulo: Saraiva, 2001. pg 48

“O caráter da bilateralidade consistiria no seguinte: a norma jurídica institui ao mesmo tempo um direito a um sujeito e um dever a um outro; e a relação intersubjetiva, ao constituir o conteúdo típico da norma jurídica, consistiria precisamente na relação de interdependência entre um direito e um dever.” BOBBIO, Norberto. Teoria da Norma Jurídica. Bauru, SP:EDIPRO. 2001. Pg 147

O Direito existe sempre vinculando duas ou mais pessoas, atribuindo poder a uma parte e impondo dever à outra. Bilateralidade significa, pois, que a norma jurídica possui dois lados: um representado pelo direito subjetivo e outro pelo dever jurídico, de tal sorte que um não pode existir sem o outro. Em toda relação jurídica há sempre um sujeito ativo, portador do direito subjetivo e um sujeito passivo, que possui o dever jurídico.” NADER, Paulo. Introdução ao Estudo do Direito. Rio de Janeiro: Forense. 2000. pg 111


Comentário pessoal:

A bilateralidade atributiva é uma característica da norma jurídica que a diferencia da norma moral, enquanto esta é unilateral, já que a observação de seus mandamentos não é exigível de ninguém, a não ser pela própria consciência, aquela - conforme se pode inferir pelos conceitos dos autores citados – possui natureza vinculante para mais de uma pessoa, caracterizando-se, por ser imperativa e autorizante.


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