O ORDENAMENTO COERCITIVO DE HANS KELSEN: UMA ANÁLISE (CRÍTICA) ACERCA DA CENTRALIDADE DA SANÇÃO

To study classics such as Hans Kelsen's Pure Theory of Law is of short importance to understand, at least minimally, the history and origin of Law. It isn't an outdated theory, but rather one of the most (if not more) important theory of law ever developed. The coercive character of a legal system finds its support through the sanction, central element of the kelseniana legal static. Thus, the present study aims to study, in particular, Hans Kelsen's conceptions of legal static, regarding the centrality of the sanction, as well as the criticisms of other authors imposed on this particularity. In this sense, it's questioned: what extent can the Law have samson as the central issue of the legal system and what are possible substitutions for this centrality? Of course, the existence of norms that establish sanctions in any legal system is notorious, but bring the samson to the center of the static of Law is, in a way, an insufficient concept to explain the complexity of a legal system. Thus, the theory proposed by authors such as Norberto Bobbio, Herbert Hart, as well as Pontes de Miranda, are more appropriate and less radical in relation to the subject studied