Direito quântico: revisitação e hipóteses de aplicação ao direito contemporâneo

• Autor(a) principal: Goldman, Flavio
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/8925
• topic: Física quântica; Teoria quântica do direito; Ciencia e direito; Direito -- Filosofia; Direito natural; Quantum physics; Quantum law presuppositions; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::TEORIA DO DIREITO::FILOSOFIA DO DIREITO

After almost five centuries since the Scientific Revolution, the symptoms of a severe paradigmatic change are finally visible to the eyes of science. Until then, the mechanicist model that lead the scientific attitude was based on general laws os nature, which were able to determine the behaviour of beings in any given space and time. Its epistemological presuppositions consisted in the concepts of order, time symmetry, stability, objectivism and universalism; that scientific approach presupposed, above all, the possibility of dividing an object in smaller parts, of which quantification and following comprehension would cause the comprehension of the phenomenon as a whole, in terms of certainty. Since the discoveries of the modern physics, expressed over all by quantum and relativity theories, a new field of possibilities is revealed refering to the behaviour of beings, causing the emergence of a new model of scientific approach. In the new paradigm, the concepts of probability, indeterminism, evolution, accident, limited previsibility, instability and subjectivism prevail. In that model, a less limited comprehension of the object presuppose the concepts of complexity and systemic integration, and the results are assumed in terms of probability. We tried to demonstrate in the present work that the quantum law, concept created by Professor Goffredo da Silva Telles Jr. in his homonimous book, is the theory that corresponds to the application of the new paradigm epistemological presuppositions over the range of legal phenomenon. In short, the quantum concept of law is the transposition of the post-modern epistemology to the legal universe. Therefore, we tried to demonstrate it through the reanalysis of some subjects broached by the author, emphasizing its points of connection with the emergent epistemology concepts; we tried finally, through the hypothetical application of quantum law presuppositions over some institutes and mechanisms of contemporary law, to point in which grade these concepts are harmonized with the model of the rising paradigm