The double action of the manner: to operate by indifferentiation of subsystems of the brazilian society and act as alternative of integration of the national judiciary system / A dupla atuaÃÃo do jeito: operar pela indiferenciaÃÃo de subsistemas da sociedade brasileira e atuar como alternativa de integraÃÃo do sistema jurÃdico nacional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

This work proposes to study part of the thought of the sociologist Niklas Luhmann, more specifically concerning its theory about the formation of the positive, with the sense, in a first moment of lying its concepts and formulations, for then to be able to reflect upon the elements that shape the structure of such a conception, that will be afterwards, counter opposed, in some measure, to the universe of the so called âjeitinho brasileiroâ (brazilian manner), a much used terminology in the social dynamics of this country, with important reflex actions on the judiciary system. The study of LuhmannÂs theory is justified not only by the brightness and daring scope that intends to tread on the field of the general theory of systems, but as well to be seen as insufficiently studied in several countries. âO jeitinhoâ (the manner), on the other hand is studied while a meaningful cultural hue placed on the everyday life of the brazilians, playing the role of a swerve from what was previously established, and so, targeting directly on essential aspects developed by the german author, such as the principle of equality. This dissertation proposes therefore , a pathway that runs from a top of theoretical complexity until it reaches the daily social and judiciary practice on course in Brazil, enabling the unraveling of both chosen prisms and yet a certain reflection on its foundations. Specialized bibliographical research was used for the develpoment of this work

ASSUNTO(S)

filosofia do direito direito â jeito law â manner direito â sociologia direito â filosofia

ACESSO AO ARTIGO

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