Resumo

VERGARA, Óscar. Legal System, Repression and Human Rights in Contemporary Spain. Bol. Mex. Der. Comp. [online]. 2012, vol.45, n.134, pp.655-687. ISSN 2448-4873.

According to the contemporary theory, a legal order exists on the sole condition that it is  efficient in general terms and this was the case for  both the Republic and the Dictatorship. In turn, the validity of the legal norms of all legal orders is  based on its respective rules of recognition. Thus,  neither the existence of the legal order nor the validity  of its respective legal norms depends on moral considerations. In this paper, we call this affirmation into question on the base of the fact that the compensatory methods adopted from the Transition to Democracy show an evident concern to repair the damage of taking away a person's basic rights.

Palavras-chave : legal system; dictatorship.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )