Entre a ecologia e o mercado: o desafio de pensar um ecodireito

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

In the context of the societies contemporaries, characterized for extreme complexity and contingency, we can observe the effect of a violent ambient degradation, through innumerable catastrophic natural events, as signals of exhaustion and disequilibrium of the ecological interdependences, that indicate the risks which the global society and its environment are displayed, in face of the without forecast of the future. In the measure where this panorama if accents in the social communication, she tends to problematical all the scopes of the society, disclosing the insufficiency of the modern traditional paradigm, that promenade all the scopes of knowing assumed multifaceted contours and served of cloth of deep for the constructions in the modern society, whose communications produced for the social systems, had been responsible for this degradation of the ecological environment, as reflected of the use and indiscriminate control of the natural resources, of the aggressive expansion of the economic market and the insufficiency of the traditional legal dogmatic. However, the complexity omitted for an obsolete comment emerges with the propagate of the natural events in the social communication, that in turn, to the few, unchains reflections that make possible new perspectives of comment, that they problematical over all, the proper forms of comment, while construction of the reality, in the measure where everything that if observes depends on the observer. This reflection is brought for the present work that incorporates the Matrix Sistemista de Severe Leonel Rock, as alternative complex to elaborate a sophisticated comment, capable to understand the connections of the world, in special more in what it says respect to the effect and relations around the global heating, that in turn, has awake contemporary the interest for the ecology, passing being tematizada in the communication of the society, over all in relation to the contradictions that appear in function of the expansion of the market, while evolution blind person and autonomous worker of the economic system, that does not cease producing risks ecological, as well as, on the improbability of the social communication, over all, between legal system and the economic system, that makes it difficult the taking of ecology sustainable decisions. However, even so they have if intensified the communications on the ecological degradation and this it provokes a certain delayed reflection, between the ecology and the market, the legal system presents its insufficiencies and difficulty clearness to deal more with the complex potential of the ecology, lacking of a sophisticated reflection, so that the innovations, as, for example, the Mechanism of Clean Development and the relations that constitute the carbon market, are not understood and implemented of form conservative, gained insufficient contours. For in such a way, in we use them of a systemic-constructivist comment, through the Sistemista Matrix that in sends them to the Theory of the Social Systems of Niklas Luhmann, of autopoiético matrix, will face the challenge to think a Ecodireito, as an alternative we will face the complexity, while a strategy of elaboration of ecological a legal communication, that allows the legal system to carry through its function, stimulating ecology sustainable a systemic co-evolution

ASSUNTO(S)

matriz sistemista direito ambiental ecodireito ecodireito direito teoria luhmann, niklas ecologia social theory of the social systems global heating ecology sistema market of carbon

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