Da antinomia aparente entre a lei 8.078/1990 e a lei 4.591/64: contribuição hermenêutica pela “especialidade de segundo grau"

Abstract

As a theoretical problem the normative conflict arises relevance with the increasing of subjective pluralism and the consequent need of antagonistic interests harmonization and regulation. Therefore, internal systemic coherence duty demands the application of certain mechanisms that may guarantee the conformation of different normative sources, at the same time as they uphold the legal system stability. In this context are established the legal relations derived from real state businesses, concerning incorporation transactions (“incorporação imobiliária”), disciplined by Law n. 4.591/1964, but, since the validity of Law n. 8.078/1991, normative conformation crisis were set forth. Thus, we will face the theoretical hypothesis of apparent contradiction (“antinomia aparente”) between these two norms: the article 32, §2º of Law n. 4.591/164 and the article 53 of Law n. 8.078/1990, enlightened by the General Theory of Norm, with the main purpose of sustaining a paradigmatic coexistence and normative coordination, as a legal system requirement of its unity and coherence, by means of a new hermeneutic criteria to resolve normative conflict, especially between special norms, based on objective parameters, that we designated “Second Degree Specialization Criteria” (“Especialidade de Segundo Grau