The expression latu sensu (often spelled lato sensu) constitutes a Latin legal term used to designate the scope of a concept in its widest spectrum, encompassing the totality of its species or derivations. In the Brazilian legal system, its application is ubiquitous, serving as a criterion for extensive interpretation to delimit the effectiveness of norms, academic institutes, and dogmatic categories, ensuring the completeness of the system against the taxative nature of strict norms (stricto sensu).
Concept and Foundation
The term lato sensu — from the Latin latus (wide, broad) and sensus (sense) — does not constitute an autonomous legal institute, but a fundamental hermeneutic category for formal logic and legal exegesis. Its legal nature lies in the ability to allow the interpreter to reach the genus of a concept, overcoming the restrictive delimitation that a norm may impose in specific contexts.
In Brazilian Law, the expression gains unique relevance in three areas: academic (lato sensu postgraduate studies), constitutional (interpretation of principles), and procedural (scope of institutes). Unlike the stricto sensu sense, which delimits application to a specific criminal type, tax species, or procedural rite, lato sensu encompasses the totality of the genus, functioning as a tool for expanding normative effectiveness.
Historical Origin and Evolution
The dichotomy between the broad sense and the strict sense dates back to scholastic dialectics and the Roman Law tradition, which already distinguished between interpretatio extensiva and interpretatio restrictiva. In the Civil Law tradition, the need to classify institutes into genera and species forced the doctrine to adopt Latin terminology to avoid ambiguities in codes that sometimes use the same word to designate both the genus and the species. Historical evolution demonstrates that the use of lato sensu allowed for the adaptation of archaic concepts to new social realities without the need for immediate legislative reform.
Legal Provision and Practical Application
Although the expression is not a law article per se, it is the interpretive criterion that supports the application of fundamental provisions. Notable examples include:
- Educational Law: The Law of Guidelines and Bases of Education (Law No. 9.394/96), art. 44, item III, differentiates lato sensu postgraduate studies (specializations) from stricto sensu (master's and doctoral degrees), establishing distinct requirements for qualification.
- Administrative Law: The notion of "Public Administration lato sensu" comprises both direct and indirect administration (autarchies, foundations, public companies, and mixed-capital companies), a vital concept for the application of art. 37 of the 1988 Federal Constitution.
- Criminal Law: The interpretation of "criminal law lato sensu" encompasses not only the Penal Code but all extravagant legislation, essential for the application of the principle of legality (art. 5, XXXIX, CF/88).
Current Jurisprudence and Understanding of Superior Courts
The Supreme Federal Court (STF) frequently uses the term to delimit the scope of competence or constitutional principles. In recent rulings on the civil liability of the State, the Court reaffirms that the concept of "public agent" must be interpreted lato sensu, encompassing private individuals in collaboration with the Public Power for the purposes of objective liability (art. 37, § 6, CF).
In the Superior Court of Justice (STJ), the application is recurrent in Civil Procedural Law, especially regarding the concept of "enforcement title lato sensu," which encompasses not only documents but legal situations that authorize forced execution, ensuring the effectiveness of judicial protection.
Related Principles and Divergences
Contemporary doctrinal debate focuses on the tension between lato sensu interpretation and the principle of legal certainty. The classical positivist school argues that the excessive use of broad concepts can generate insecurity, while the principled doctrine — led by authors such as Robert Alexy — argues that lato sensu interpretation is indispensable for the optimization of constitutional principles, which are, by nature, open-textured norms.
Contemporary Relevance and Impacts
In the current legal system, the expression is vital for understanding fundamental rights. Human dignity, for example, must be interpreted lato sensu, serving as a hermeneutic vector for the entire system (art. 1, III, CF). The absence of this broad view would result in a fragmented Law, incapable of responding to new technological and social challenges, such as Digital Law and Bioethics, where traditional concepts of "person" or "damage" need to be expanded to ensure adequate legal protection.
Legal and Jurisprudential References
- BRAZIL. Constitution of the Federative Republic of Brazil of 1988. Art. 1, III; Art. 37, § 6; Art. 5, XXXIX.
- BRAZIL. Law No. 9.394, of December 20, 1996. Establishes the guidelines and bases of national education.
- STF. Extraordinary Appeal (RE) 1.027.633/PR. Rapporteur Justice Marco Aurélio. Understanding regarding the scope of state liability.
- STJ. Jurisprudence Newsletter No. 752. Distinction between enforcement titles in a broad and strict sense.
- ALEXY, Robert. A Theory of Constitutional Rights. Oxford University Press, 2002.
