Instituto da repercussão geral como ganho aquisitivo da modernidade no tocante ao fechamento operativo e abertura cognitiva do sistema jurídico em relação aos sistemas de política e da saúde

Abstract

Study the Institute of general repercussion from the perspective of other theoretical matrix is designed to measure how far it is possible to observe the change in the law as evolving system structures. The problem concerning the understanding of what is changing right system structures in relation to decisions taken by the Supreme Court when the trial of the issues related to the right to health in the Constitution, in Articles 6 and 196, respectively, is contained goal throughout this work. To this day, it was decided to divide the thesis into two parts and each part into two chapters, being treated in the first issues to increased complexity in today's society due to positivization of new social rights in the Constitution and in the second chapter of the first part issues arising from self-observation for the right system for understanding the structural changes that are occurring. In the second part of this work, in the first chapter, the concept of risk and confidence to systems theory is approached, while the last chapter is made closing the notion of autopoiesis and developments in relation to the study of the Institute of general repercussion. The spread of this work is to give the instrument so that the reader can notice the change in the evolution of law as system structures, enabling a new theoretical framework regarding the current complexity of society. The theoretical framework that permeates this work is the systemic theory luhmaniana matrix, but there was need to work in cross-disciplinary way with modern linguistics and was useful the introduction of equally transdisciplinary way, the thought of Mikhail Bakhtin. Finally, the conclusion was to the effect that the change in the law system structures has resulted in progress in income gains that allowed the Supreme Court to operationalize the Constitution and allowed the same court autopoietic way that had a structure capable of Ensure the central condition of the right system.