A decisão judicial como comunicação diferenciada: uma investigação à luz da teoria sistêmica de Niklas Luhmann

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This study aimed at investigating the role of communication in the construction of Law subsystem as well as the role of judicial decisions, under the perspective of the Systems Theory by Niklas Luhman. This investigation is justified by the fact that this German sociologist has revisited concepts of the traditional sociology theory and proposed a new perspective of description for the complex society. The methodology was based on bibliographic research which was conducted not only in primary sources but also in secondary ones. Taking analytic reasoning as basis, following the Chaim Perelman definition, we started from the premises such as the Systems Theory toward the thesis, which can only be considered valid as long as the reasoning follows the chosen axiom. The results point at the identification of communication as the key and fundamental element in the constitution of the partial systems and the judicial decisions. Therefore, as a core part of the Judicial System it should be issued as basis in the respective binary code, that is licit/illicit. On the other hand, disregarding the binary systems characteristic causes code corruption and its corroboration for the construction of another system

ASSUNTO(S)

luhmannian theory of systems judicial decision decisão judicial juizes -- decisao luhmann, niklas -- critica e interpretacao teoria sistêmica luhmanniana direito

ACESSO AO ARTIGO

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