Systemic constitutionalism as possibility of (re)structuring of human and fundamental rights

• Autor(a) principal: Rocha, Leonel Severo
• Data de Publicação: 2021
• Outros Autores: Tonet, Fernando
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/5473
• topic: Interconstitutionality; Observation; Polycontexturality; Systemic constitutionalism; Transconstitutionalism; Constitucionalismo; Teoria Constitucional; Teoria Sistêmica; Interconstitucionalidade; Observação; Policontexturalidade; Constitucionalismo Sistêmico; Transconstitucionalismo

The aim of this article is to identify how systemic constitutionalism assists in the (re)structuring of human and fundamental rights in a society characterized by social fragmentation and an intricate of heterogeneous codifications from multiples autonomous social regimes. In order to do so, the research problem is how is it possible to create recursion of fundamental and human rights in a scenario of globalization? Provisionally, it was hypothesized that three heterarchical levels common to the constitutional communication produced in the various social contexts are identifiable, making it possible to differentiate the communication about fundamental and human rights from those that communicate on other juridical-social themes, and then to structure them before an undetermined complexity. The relevance of the theme rests on the need to observe forms of communicative link between the different social spheres, each with a specifically constructed meaning. The method used is the systemic autopoietic in a critical heterodox bias, thus allowing a new contemporary configuration of systemic concepts. It was concluded that the communications produced in the peripheries (polycontexturals), close to other autonomous social regimes, are able to communicate with those produced in the centers (interconstitutionals) by means of a constitutional method (transconstitutional) that can decode and restructure communicative semantics, enabling dialogue in both directions.