The interpreter proceeds to the interpretation of the normative texts and concomitant, the facts, luck that the way under which the events that compose the case if present also goes to think in determinative way about the production of (s) the norm (s) applicable (here it is) to the case. … Vele to say: it is not limited to a mere understanding of the texts and the facts; it goes well, moreover … of the interpretation of the normative texts results the norms. (DEGREE, 2009; P 26) Taking in account everything what it was said, in order to understand the field of interpretation and application of the right for the judge, the critical one, equally already displayed, that if it makes to the use of the Alternative Right is related to the confusion of legitimacy that concerns to the legislative and the legitimacy of the Judiciary Power. Whereas legitimacy of the legislation it rests in the criterion of the democratic participation, that comes to be a construction of racionalista inspiration, centered in an axiomatic truth, namely: that the laws must be made by the proper addressees or the representatives of these regularly elect for such end. The jurisdiction, however, to be legitimate, does not have to be contented with the criterion of the democratic participation.
The end that serves demands the satisfaction of other requirements, whose excellency seems to be unknown of whom, of good or bad-faith, the same complains for it criterion legislator of the legislation, in what it is confused, dangerously, the logical categories of the creation and the application Right it. (ALBUQUERQUE, 1997; P 182) Thus the legislator is legitimated for the investiture, the judge, in the exercise of the jurisdiction, if he legitimizes for the procedure, observing the laws. the Rule of law organizes the exercise of the logical function of creation of norms under gide of the beginning of democratic participation, whereas the logical function of normative application if inhales in the beginning of the legality.