Status and Exercise of Legal Powers: a Reflection on the Concept of Legitimacy in the 2002 Brazilian Civil Code

Abstract

The study presents the concept of legitimacy in the Civil Code of 2002, as a fourth requirement of validity that although not expressly integrate art.104 of the Civil Code, was in the mind of the Code’s authors and is present in the special section. The concept is useful to the control of power generated by each legal position, which should be especially oriented toward ethical principles. In particular the concept of legitimacy also serves to explain the foundation of the distinction between the cause of a legal position and the cause that allows you to move the powers given by the title. The work is based on civilists doctrine according to the General Theory of Private Law, as Antonio Junqueira de Azevedo, Torquato Castro, Giuseppe Lumia and Donaldo Armelin. The theme developed remains open to changes