O processo de execução, o processualismo científico e a crise dos paradigmas

AUTOR(ES)

Sílzia Alves Carvalho Pietrobom

DATA DE PUBLICAÇÃO

2006

RESUMO

Admitting that there are some discussions concerning the scientific character of law, this research begins with an approach on todays scientific knowledge. From this, it was tried to put the law in two contexts: first, the scientific one and second, in the field of systems theory, which methodologically directs the paper. Under a systemic perspective it was aimed to demonstrate that the law knowledge is structurally linked to the National Constitution. In this aspect, it was highlighted the acknowledgement of the existence of a constitutional system, which required some studies about the material theories and the Constitutional hermeneutic criticism. The study of the principles of constitutional process was performed aiming to establish a connection between the constitutional hermeneutic and the processual law. Still concerning the system theories, the adopted theoretical referential was explained by presenting the fundamental and basic concepts of the Luhmanns autopoietic theory through which the study object was examined. The process historicity was performed demonstrating that its problems that are being discussed at present, are part of its existence throughout the time, therefore, the dissatisfaction with the jurisdictional role is historical. After presenting the analysis over the process instrumentality in the modernity context, it was adopted as a referential the paradigm crisis, as proposed by Boaventura de Souza Santos, aiming to verify the present conditions of the juridical system concerning the social, political and economical systems. In conclusion, it is possible to state that those problems related to the practical performance of law are systemic, and so, it is very difficult that dogmatic and other proposals, which focus the law as a close system, will succeed in obtaining a fast and fair jurisdictional performance

ASSUNTO(S)

direito - conhecimento científico law - scientific knowledge direito processo civil execucao (direito) autopoiese

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