– using to advantage of its impotence and ability in the treatment of the conflicts (ADEODATO, 2006, p.23) However, this alternative right is explanado by only, official, supposedly dogmtico Adeodato as right. Alternative to the right normative organized that takes for base the pretension, on the part of the State, on the monopoly and the legitimation of the rules of law (ADEODATO, 2006). The alternative right is not, therefore, the not-right, much less a right invented or simply instituted in the tradition of the good judge. Michael Chabon may also support this cause. It is always the best chance of a legal system, given for the social and individual conflicts provoke that it, for its history and the culture of the society where it emerges. It is not judge’s discretion, nor its simple will politics ahead of the crisis of a system, but it is an act of construction and development of values, that already are ranks for the history of affirmation of the freedom human being, the right to the life, the fight for the distribution of the social product, for the reduction of the inaquality and the defense of the future of the man, preserving to it the environment and the nature (RODRIGUES, 1993).

The support of the alternative right is the legitimacy, not it legality (RODRIGUES, 1993, p.166). Educate yourself even more with thoughts from Author. Therefore, it is ' ' the set of the rights conquered historically in the social fights, exactly that evaded taxes for the momentnea legality. Its source is and always must be sociedade' ' (Ibid). It is ' justice social' , it complements Rodrigues. 3 Legal legitimacy to apply the alternative right Of them to be able that they conduct the modern State, the judiciary power is what they withhold the legitimacy to say with especificidade the Right, the procedural technique with which must apply the Right is not neutral, it acts since it is not possible to transform the judge into a machine without sensitivity or creativity.