Question 09: (Value 0.75) Regarding the process of integrating norms, choose the correct alternative;
a) The judge, when faced with a gap in the la...
Question 09: (Value 0.75) Regarding the process of integrating norms, choose the correct alternative; a) The judge, when faced with a gap in the law to decide a specific case, can make use of the formal sources of law, which are analogy, customs, and jurisprudence. b) The Brazilian legal system is always gappy. c) The judge, when faced with a gap in the law, can make use of the following sources of law, regardless of the order: analogy, customs, and general principles of law. d) The general principles of law that can be applied in case of a gap in the law must necessarily be expressed. e) The application of analogy depends on the presence of the following requirements: the absence of a legal provision foreseeing and regulating the hypothesis of the specific case, similarity between the unaddressed relationship and another relationship regulated by the law.
a) The judge, when faced with a gap in the law to decide a specific case, can make use of the formal sources of law, which are analogy, customs, and jurisprudence. b) The Brazilian legal system is always gappy. c) The judge, when faced with a gap in the law, can make use of the following sources of law, regardless of the order: analogy, customs, and general principles of law. d) The general principles of law that can be applied in case of a gap in the law must necessarily be expressed. e) The application of analogy depends on the presence of the following requirements: the absence of a legal provision foreseeing and regulating the hypothesis of the specific case, similarity between the unaddressed relationship and another relationship regulated by the law.
A alternativa correta é a letra C) O juiz, ao se deparar com uma lacuna na lei, pode fazer uso das seguintes fontes do direito, independentemente da ordem: analogia, costumes e princípios gerais do direito.
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