Objective law and subjective law are two distinct and interconnected forms of relationship with the legal system.
The difference between objective law and subjective law exists because the word right can mean both the legal system and the prerogatives guaranteed by it. Thus, objective law (legal order) confers subjective rights (prerogatives) to individuals.
An efficient technique to distinguish objective law from subjective law is to translate the concepts into English. Objective law is equivalent to the word "law” as a subjective right is equivalent to the word “right”.
objective right
Objective law consists of general and abstract provisions present in the legal system. It is the entire set of norms and rules in force in a State, which must be respected by society, under penalty of sanctions.
It is said that objective law is abstract as it is provided for in a generalized way in the legal system. legal, focusing indiscriminately on all individuals and situations that fall under the predictions.
Objective law covers laws, jurisprudence, customs and any sources of law allowed in the legal system. The concept is called in Latin by the expression standard schedule, which means “norm to act”, as it consists of the set of norms that govern a society.
In short, the expression objective right is used when the word right is synonymous with a legal order.
Examples:
- All citizens have the right to education and health.
- Right to protection of consumer relations.
Part of the Brazilian doctrine considers that objective law and positive law are the same thing. However, some authors understand that objective law is the entire legal system in force in the State, while positive law is only the part of the law that was officially legislated and originated from the Administration itself Public.
subjective right
Subjective law consists of the prerogatives conferred by the legal system on individuals. Thus, whenever a provision of objective law occurs in a concrete way, the norm focuses on the individuals involved and they become holders of subjective rights. Therefore, the subjective right is the result of the incidence of a legal norm to a legal fact.
Subjective law is the ability to invoke the legal system in defense of one's own interests. It's all rights holders can do without violating the rights of others. For this reason, the idea of subjective law is conveyed in Latin by the expression you can schedule, which means “faculty to act”.
In short, the expression subjective right is used when the word right is synonymous with prerogative.
Examples:
- Right to collect an outstanding amount through a lawsuit.
- Right to claim compensation for damage caused by the Public Administration.
subjective public law
Subjective public law is the prerogative that must be demanded of the State itself. Thus, when a subject holds a right such as education, basic sanitation, etc., this right is both public and subjective.
Differences between objective law and subjective law
The main differences between objective law and subjective law are:
- objective law is synonymous with legal order while subjective law is synonymous with prerogative;
- objective right is also called standard schedule while subjective right is also called you can schedule;
- objective right is equivalent to the English term "law” while the subjective right is equivalent to the English term “right”;
- objective law guarantees subjective rights.
See too:
- positive right
- Public right
- Rule of law
- state