LAW AND LEGAL CERTAINTY: AN ANALYSIS OF THE SOCIAL PHENOMENONLAW AND LEGAL CERTAINTY: AN ANALYSIS OF THE SOCIAL PHENOMENON

Abstract

This scientific article aims to analyze the concept, foundations, and implications of legal certainty in its social context, highlighting its importance for sustaining the democratic rule of law and protecting fundamental rights. Legal certainty constitutes a fundamental principle capable of promoting stability, predictability, and trust in social and legal relations, essential elements for democratic coexistence and sustainable economic development. Through an in-depth literature review, we explore the essential elements of legal certainty, including the clarity, stability, and coherence of legal norms, the effective protection of individual rights, the impartiality of the judicial system, and the effectiveness of judicial decisions. Furthermore, we discuss the role of legal certainty in promoting economic development, protecting investments, guaranteeing human rights, and maintaining a fair and equitable social order. The study also addresses contemporary challenges arising from rapid social, economic, and technological transformations, highlighting the need to strike a balance between normative stability and the adaptability of law to ongoing social change. Thus, the research contributes to an integrated understanding of legal certainty, emphasizing its centrality in the construction and consolidation of the Democratic Rule of Law and its indispensable role in promoting social justice and social peace. This analysis reinforces legal certainty as a structuring element for the legitimacy of institutions and the guarantee of essential rights in complex and dynamic societies.