The Principle of Effectiveness as content of Kelsen’s Fundamental Norm

Abstract

The article visits the Kelsen’s Theory Pure of Law in order to discern
the fundamental norm not only as a hypothetical logical premise of the legal
system, which forms the groundwork of validity of a constitution, but also
as a norm of positive law, whose content is identified with the effectiveness
principle as a rule of international law in accordance with Kelsen’s monism.
In this sense, the use of deductive logic, it must be as a foundation for the
solution of the question referred. The conclusion believes that the theoretical
review carried out has offered hermeneutic substrates for the content
of acts of recognition of State and recognition of government, who based
on the principle of effectiveness going beyond to design its validity from an
evaluative analysis determined by the Legitimacy Principle, not admitted by
Kelsen.