THE SEARCH FOR A BALANCE BETWEEN THE POSITIVITY OF LAW AND THE REALIZATION OF JUSTICE: A RADBRUCH VISION

In times of little belief in the positive law due to judicial decisions that, sometimes, the contrary, important is shed light on an old but still relevant discussion, which is the harmony between legal security and justice. In this perspective, the objective of this article is to outline ways to balance the elements of the balance between legal certainty and justice. As a theoretical framework of the research was used the thinking of the philosopher Gustav Radbruch. The methodology used was the legal-comprehensive and exploratory, having as research source books, specific articles and jurisprudence. All this has allowed us to achieve the result that the need to harmonize legal certainty and justice is indispensable. And it was concluded that in radbruchian thinking the extreme injustice formula gives the necessary balance between the elements, legal security and justice, of Radbruch's idea of law, considering the need for positive law, but with a view to achieving justice.