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Principio de legalidade e tipicidade fechada

English translation: Principle of the rule of law and of limitative legal interpretation.

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07:47 Apr 1, 2011

Portuguese to English translations [PRO]
Law/Patents - Telecom(munications) / Taxation under ICMS for internet hosting services

Portuguese term or phrase: Principio de legalidade e tipicidade fechada

refers to the principles which govern taxation and fiscal law

Elouise Smith KudoZ activity Questions: 6 (4 open) Answers: 0
Local time: 01:53

English translation:Principle of the rule of law and of limitative legal interpretation.

Explanation:
These are general constitutional principles of Portuguese law that govern all areas of the law, but which have specific effects in each of its areas
Princípio da legalidade - the principle of the rule of law, which prohibits arbitrary acts by those whose duty it is to apply the law.
Princípio da tipicidade fechada - applies when the law stipulates rights, contracts, legal effects or situations and recognises no others.This is akin to what is referred to in US constitutional law as interpretivism. Cf. Garner: Modern Legal Usage.

Source: Dicionário Jurídico; Ana Prata.

Selected response from:

MARK ROBERTSON
Local time: 01:53

Grading comment

2 KudoZ points were awarded for this answer

Summary of answers provided

5 +2

Principle of the rule of law and of limitative legal interpretation.

MARK ROBERTSON

principle of legality and void for vagueness/rule of lenity

Verlow

Answers

1 hr confidence:

peer agreement (net): +2

Principle of the rule of law and of limitative legal interpretation.

MARK ROBERTSON
Local time: 01:53
Native speaker of:

English
PRO pts in category: 2

2 days11 hrs confidence:

principle of legality and void for vagueness/rule of lenity

Explanation:
tipicidade fechada ou cerrada, tipicidade dificil de entender: typicity (means the perfect correspondence between the
conduct of the agent and the conduct described by law) or void for vagueness: legal concept in American constitutional law that states that a given statute is void and unenforceable if it is too vague for the average citizen to understand.; Rule of lenity: Statutory interpretation is the process of interpreting and applying legislation. Some amount of interpretation is always necessary when case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in most cases, there is some ambiguity or vagueness in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation to legislation enacted by the legislature or to delegated legislation such as administrative agency regulations.
The principle of legality is the legal ideal that requires all law to be clear, ascertainable and non-retrospective.

Verlow
Local time: 21:53
Works in field
Native speaker of:

Portuguese,

English

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Principio de legalidade e tipicidade fechada

English translation: Principle of the rule of law and of limitative legal interpretation.

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Principio de legalidade e tipicidade fechada

English translation: Principle of the rule of law and of limitative legal interpretation.

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KudoZ™ translation helpThe KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

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