PARODOXES OF THE SELF-DESCRIPTION OF THE SYSTEM OF LAW: SYSTEMIC CORRUPTION AND JUDICIAL ACTIVISM

• Main Authors: Rafael Lazzarotto Simioni, João Paulo Salles Pinto
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2019-05-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: ativismo judicial; autodescrição; corrupção sistêmica; paradoxo; teoria dos sistemas.
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/30746

The notions of systemic corruption of the law and of judicial activism, worked in Brazil, especially by Marcelo Neves, Lenio Luiz Streck and others, constitute a form of distinction that hides a paradox. In this tuning fork, the form of a second-order observation made from the Luhmann systemic pragmatic method allows a conception of these concepts in a different way. In order to verify, at the level of second-order observation, the form, the function and the paradox that such a research is based on the theory of autopoietic social systems of Niklas Luhmann. concepts in Brazilian legal communication. In this sense, the present work deals with the problem of whether it is possible to make explicit that the theoretical constructions of systemic corruption and judicial activism would be linked to a self-describing relational realization of the legal system. Thus, the research concludes that such concepts are a possible reflection of the legal system at the level of its contemporary self-description.