Góes, Ricardo Tinoco dePereira, Diego Alonso Barbosa de Albuquerque2020-08-052023-03-072020-08-052023-03-072020-05-29PEREIRA, Diego Alonso Barbosa de Albuquerque. Da Legislação a uma Jurisdição Democrática: caminhos à legitimação das decisões judiciais nos casos de normas complexas. 2020. 91f. Monografia (Graduação em Direito) - Departamento de Direito Processual e Propedêutica, Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2020.https://repositorio.ufrn.br/handle/123456789/51621The reality of insufficient normative adequacy often presents itself in the application of the law. In specific cases with these characteristics, it is questionable how it can be said that no norm is perfectly applicable and, if so, how the Jurisdiction should decide before them. Moreover, it is uncertain whether the discretionary adoption by the Judiciary of a decision-making procedure confers full legitimacy to decisions in such situations. Therefore, the general objective of this work is to ground how the legitimacy of judicial decisions can and should occur in cases of insufficiently adequate rules. The specific objectives are to critically circumscribe the theoretical and practical fields in which these complex norms fit, explore how the Judiciary should legitimately decide in these cases, and justify how the action of the Legislative is able to legitimize the making of these decisions in the judicial sphere. The research methodology is qualitative, representative and normative. Both the inductive and deductive methods are used. The character of the work is exploratory, containing descriptive and exemplifying subsections. It is developed through literature review, study of cases and critical sense. The general result of the work is the due justification of the Legislative action as an instrument to legitimize judicial decisions on complex rules. Its conclusions reach the context of insufficiently adequate norms, the practice of verification and decision making in front of them, the normative coherence, the problem of dissent, several questions about the application of these norms, the legislation as mediator of legitimacy and the tasks of the Legislative in this conjuncture.Attribution-NonCommercial-NoDerivs 3.0 Brazilhttp://creativecommons.org/licenses/by-nc-nd/3.0/br/Normas complexasJurisdiçãoPoder LegislativoLegitimidadeInsuficiência normativaComplex normsJurisdictionLegislativeLegitimacyNormative insufficiencybachelorThesis