The Zulian imaginary collective seems to have a very negative perception in relation to “legal security”, which they associate with deprivations of liberty, expropriations, procedural delays, legislative dispersion, inspections of public entities, actions of police agencies, environmental pollution, factors of personal safety, news on social networks, and even electrical blackouts, to name a few examples. And they are right.
Private area
However, although legal security as a concept is linked to political, economic, social, legal, ecological, geographical and cultural variables such as those already mentioned, it is also (and little is said about this) that one of its most important dimensions, transcends the state sphere, and commits us as legal subjects to each other, from the private sphere, to be proactive and responsible in the knowledge and compliance of the current legal norms that regulate us, and in the exercise of our rights, interests and actions as a remedy against arbitrariness, as a factor of guarantee, control and protection.
Millas (1970) stated it well, defining legal certainty as a fundamental principle of modern law, when pointing out that: “It is a situational value: the situation of the individual as an active and passive subject of social relations, when, knowing or being able to know “what are the current legal norms, has well-founded expectations that they will be met”
From this approach, what role do companies, unions, chambers and professionals play in this collective perception? What level of legal security do we have? How can we measure it objectively? Is there anything we can do to raise the level of legal security in the region? My opinion is that yes, a lot! and it is precisely in the face of the great state deficit in this matter, the situation of legal security, as a principle and essential value for our development, represents a major challenge and an enormous opportunity, so that as companies, and in our case, as professionals of law, let us promote a culture of preventive legal security in our organizations and in that of our clients, which stimulates progress in our region.
Value proposal
It is strategic and transcendental – today more than ever – to assume this culture of preventive legal security, as a core corporate policy, which allows us, from the prevention of conflicts that emanate from ignorance and non-compliance with regulatory aspects of the legal environment, to develop a competitive advantage, making excellence, order, ethics and transparency a unique, differentiating value proposition that impacts internal and external clients.
There is no development, without legal security.
