A teoria sistêmica autopoiética e a juridicização temporal: o recurso externo da linguagem visual ao tempo útil do direito processual

Abstract

Through Luhman’s system and autopoietic theory one observes the existence of another pattern of observation of law. And this way,we use this new method in the present study. From examining the concept about time in its several distinct versions, one can get to an idea of useful time to be explored in the legal field of action. The existing problem between time and legal proceedings, especially when this must happen without extremes dictated neither by speed nor by slowness, is a topic present all over the world. Therefore,the idea of a fair time as that one related to a useful processual temporality grows in the legal scenario. Moreover, a temporal legal proceeding, advantageous for its efficacy i s proper for the consecration of the basic values of men’s rights. It occurs that an expressive amount of information which does not promise quality of content ends up provoking the legal system. The existence of a new society characterized by fast temporality reflects in Law, for sure. So, the exasperation originated by society because of its social time of extreme speed are processed by Law and allows the appearance of other logics as basis for decision. This way, this paper analyses the consubstantiated differentiation in Processual Law, underlining that it is a proper right and it promotes judicial appeals always through its constitutive elements and its structures, obeying the binary scheme legal-illegal. But, as the present world claims for a temporality fair to law suits, one seeks resources out of the law in order to help its perfect functioning.This way one provokes the possibility for law to take advantage of the external resource of the language of image as a beneficial ratio in order to improve the temporality of proceedings. Notice that this kind of communication allows a bigger quantity of cognition, which is produced in shorter time. The study continues in this line, in the sense that the language of image is a way to rationalize the processual temporality, for it is convenient communication as an alternative for fair processual time. Certainly, one does not intend to totally substitute language by image in processualistic, but to establish the possibility of a bigger use of this kind of communication since the image can adapt to technique and to other conditions asked for in legal proceedings.