On the concept of coercion in Brazilian Law Jacintho Del Vecchio Junior

Abstract

he notion of coercion is evident when manifested through the legal status of punishment. However, it permeates the very possibility of constructing a legal order, since it is indispensable for the regulatory function that characterizes, ultimately, the realization of the law. In this context, the article seeks to establish a reading about the notion of coercion as treated by some of the authors of German Philosophy of Right (Kant, Fichte and Hegel and Kelsen), and how, on the other hand, it arises as positive norm in the Constitution of 1988. In this way, it is tried to elucidate the conceptual link that exists between these two instances, in order to make possible a hermeneutic between the legal-philosophical referential of the background offered by the tradition of western philosophy of and the Brazilian constitutional order.