THE PROMOTIONAL FUNCTION OF LAW TO SEARCH FOR THE IMPLEMENTATION OF SOCIAL ORDERS AND RIGHTS, IN THE LIGHT OF THE FUNCTIONAL THEORY OF BOBBIO

Abstract

This article presents a study of the use of the promotional function of Law in the implementation of Social Orders and Rights, through an analysis of the sanctions in its various species, highlighting the positive (or premial) sanctions, which seek a beneficial action (socially applied) of its recipients, through incentives; And the negative ones, which, on the other hand, aim at a non-doing on the part of the subjects, using coercive methods to do so, which have their exponentials, respectively, in Bobbio and Kelsen, elucidating how the development of the order in this context took place, both from the structuralist point of view of Kelsen and from the functionalist one defended by Bobbio, presenting, moreover, some examples of the practical application of the premial sanctions, trying to bring to the reader the importance of these, so that, in this way, they can achieve greater prominence in the current legal system of the country.