Lógicas de interpenetração dos campos comunicacional e jurídico na tentativa de (re)construção da realidade factual

Abstract

This research focuses on analyzing the interpenetration logics of the communicational and legal fields in the construction of factual reality, and on understanding how these field crossings cooperate for the construction of a better and fairer society (environment). In this sense, the hypothetical-inductive research method was used, since it was based on particular observations (premises), for conceptual generalizations (conclusions). And these particular observations came from two empirical ones: First, the case of the mother accused of killing her own daughter with cocaine overdose in the bottle (Daniele Toledo), occurred in 2006, in Taubaté/SP; second, the confrontation between police and homelessland in Eldorado dos Carajás/PA, in 1996, when it resulted in 19 deaths in a violent confrontation with numerous factual developments. To account for this observation, different conceptual frameworks were mobilized such as media distribution (Eliseo Verón, Fausto, Pedro Gomes and others), circulation (José Luiz Braga, Ana Paula Rosa), interpenetration (Nicklas Luhmann), fields (Bourdieu) and others, narrowing dialogues between the contributions of communication and law. In both events, interpenetration operations of the legal and communicational systems took place, changing the direction of investigations, altering procedural orders, questioning the legal and journalistic doing and finally, the consequences of these crossings reflected in society as a whole, changing the case approaches themselves and providing reflections on themes and attitudes that overlap the two cases and apply to all practice of life.