O direito e a ciência: relações intersistêmicas da produção do conhecimento acadêmico-científico sobre o direito e a dogmática jurídica no contexto da complexificação social

Abstract

This thesis studies the Systems of Law and Science and observes their intersystemic relationships and the production of academic-scientific knowledge about the Law as a possibility of irritation in Juridical Dogmatics before the requirement of judicial decisions in the context of social complexity. The investigation was conducted in the context of differentiation between scientific-academic production about the Law, Theory and Juridical Decision. The academic production belong to the Science System, judicial decision belong to the Law System, and Theory of Law is the coupling of the two systems. Investigation problem was started from the inquiry about the possibility of academic-scientific production on Law communicated through Strictu-sensu Post-Graduate Law Programs in Brazil produce irritations in Dogmatics. Considering the significant increase in scientific-juridical production about the Law in recent decades and the continuous increase in complexity of social-juridical requirements inherent to the policontextual scenery, the thesis presents what the Science System observes (scientific-academic production on Law) regarding what the System observes (Dogmatics). Niklas Luhmann's Theory of Systems and contemporary re-lectures was elected as theoretic support. The thematic observation of Post-Graduate Law theses evaluated with grade 6 by CAPES, as well as the recourses judged by the Santa Catarina State Justice Court in the period of 2013 to 2015, was based on the Discursive Text Analysis, thus establishing the possible connection between academic-scientific production and the decisions. This analysis also considered the various couplings between the organizations of the Science System with other systems and the different legal and administrative orientations which interfere in the scientific production. The conclusion reached was that there is low capacity for the academic production to be assimilated by juridical Dogmatics, and an even lower capacity of impact of the scientific production on the Law. This happens due to three connected reasons: the autopoiesis of the two Systems observed as a limiting factor for intersystem interference; the role of organizations involved in the production of juridical-scientific knowledge in Brazil, as well in the organization of research and of Stricto Sensu Post-Graduate Law Programs; the thematic dissonance between what can be scientifically observed and what Law self-observes .