Uma análise do princípio da segurança jurídica através do realismo de jerome frank: a aceitação da incerteza no direito.

Abstract

The legal certainty principle is the expression of certainty and order in judicial affairs. The principle can be a synonym of stability, foreseeability and immutability of written legislation and decisions taken by judiciary power. It is through the respect towards the law and the sentences that the State maintains social order. With the respect of the law or, in another word, legal certainty, the State can assure life security and individual liberties to its citizens. Therefore, legal certainty is as assuring element of one of the main goals of the State – public security. In that manner it is justified the preoccupation of the law in maintaining and promoting the legal certainty principle. However, is it possible to verify that it exists in such terms of immutability and foreseeability? The initial response of this work agrees with the theoretical reference of Jerome Frank, to who law id ruled by uncertainty. The insistence on the idea of legal certainty has trained the experienced jurist to deal with the flexibility of reality using rational constructions that allow to ratify legal certainty so he corroborates it, and legal certainty helps maintaining social order itself.