Breves considerações sobre deveres com sanção e deveres sem sanção no direito brasileiro

Abstract

This work intends analyzing the legal consequences that become from the noncompliance of fundamental duties. The answer to the research problem stated is not that obvious as someone could imagine at a first glance. This is because, though the legal order foresees immediate legal consequences, such as sanctions (as, for example, in criminal cases, a penalty for a delict), it is also possible (and common) mediate legal consequences (singly or cumulatively with the immediate ones), which have similar effects to the sanctions, although they are no penalties. Then, since the legal norms that establish legal duties noncompliance analysis, it is intended to investigate which are the legal consequences for the noncompliance of fundamental duties. Thereby, the following article analyzes the legal norms logical structure, in a way of detaching the presence of legal duties; next, it points out the legal consequences that can arise from the noncompliance of such duties; and, finally, it distinguishes duty and obligation, responsibility and sanction, bringing the question to the field of fundamental duties. It is employed, for this, as methodology, dialectics.