A arte como instrumento preponderante na garantia da eficiência de normas pouco fiscalizadas no ordenamento jurídico brasileiro

Abstract

It intends to demonstrate how the art can work as a tool to increase, the efficiency of norms that, due to the lack of fiscalization, have little or no applicability in the Brazilian order. For that, a preliminary study about what it comes to be a norm, more specifically law norms, analyzing the traces that cannot be imputed to it, as well as these are necessary; it proceeds then to the conceptual differentiation between effectiveness and efficiency to nullify any possible doubt concerning the meaning of the chosen term. During the study an sketch of the possible reasons for the fulfilment of the norms is done, as well as the available ways for the system influence the person to obey the normative rules. Later, it considers two forms of relation with the norm that can be express by the verbs “understand” and “feel”. The problem of little fiscalized norms is analyzed, trying to delimit them as much as possible and finally, through a paradigmatic example, it tries to demonstrate how the art would serve to the phenomenon of the efficiency in different dimensions.