A insuficiência da previsibilidade normativa e decisória para a consecução da segurança jurídica no âmbito da regulação econômico-empresarial

Abstract

The legal security crisis, which manifests itself in many ways, such as in the profusion of judicial litigation and, particularly, in disputes of an economic-business nature relating to national and transnational companies, has multiple theoretical and factual causes, a question whose approach is conditioned - conceptually and practically – from different jusphilosophical points of view. This investigation intends to demonstrate that the problem of achieving levels of true legal security, also through the regulation of economic-business activity, requires paths that cannot be reduced to normative or empirical data considered as means to the understanding of a “certainty as predictability” - taken as an instrument for the legally conscious planning of practical individual choices -, neither they can be reduced to a security of (subjective) criteria constructed argumentatively, attracting, indispensably, the consideration of legal security and interpretation from an adequate philosophical perspective, that is, with attention to the onto-metaphysical given and to the distinctive note of the human being, his rationality, to his place in the order of all things and to what his end actually is, which is also his good. Such considerations imply, therefore, an ontologically grounded practical reason, an ethics of virtues and an adequate conception of the common good as the purpose of the political order and guide of the economic one. This framework highlights the importance of initiatives that promote or embody the valorization of ethics of virtues and a healthy philosophy in legal activities in general considered and, particularly, in economic-business regulation. To this end, the inclusion in colleges syllabuses of classes that take on such subjects, and their insertion/reinsertion in the training schools of the various legal careers, especially the judiciary, could contribute a lot.