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In this direction it is in the primary phases of the order, where it must operate the postulate of the democratic participation, for being the generality of the normative product what more the basic norm is distinguished in the situated levels immediately after. From them the applicatory source starts to acquire predominance and without leaving to be present the creation aspect carries out a secondary paper, reason for which is here where the democratic principle must yield for the beginning of legality. (ALBUQUERQUE, 1997; P 183) The legitimacy of the jurisdiction, therefore, is not seated in the democratic procedure, but, in finishes instance, in the values that it searchs to consecrate. ‘ ‘ It is in the concretion of the will of the Constitution, by means of diuturna update of its form politics, that the jurisdiction satisfies the criterion of the legality, legitimizing-se’ ‘ (ALBUQUERQUE, 1997; P 185-186). Ripple: the source for more info. 4 Consideraes final The use of the Alternative Right surpasses the myopic vision of the common silogstica application of the penalties, arguing to really reach a social equality efficient joust and. Here the proposal of democratization of the right, if of the one from the conception of that the norms ece of fishes do not reach in homogeneous way all the society, becoming necessary the taking of initiatives that they consider this homogenization, making to fulfill the rules constitutional. The proposal of overcoming of the silogstica application of the norm and the necessity of if making to be valid the principles constitutional is perceivable from the point where we take conscience of that the right is product of the society for the society, and this is, in its composition, changeable, pluralista, diversified, therefore it is not possible that the right if wall lamp of static form, therefore this must be in compliance with the social mutation so that it fulfills its purpose that is to promote the well-common one.

Therefore, the alternative right must be analyzed dismissing it of criticizes with character politician mere, turning itself toward its real social effect.