COMPLEX SOCIETIES, HUMAN RIGHTS AND COMMUNICATION BETWEEN LEGAL ORDERS: AN ANALYSIS BASED ON THE DOCTRINE OF NIKLAS LUHMANN

• Autor(a) principal: Martínez Quinteiro, María Esther; Universidad de Salamanca (España)
• Data de Publicação: 2020
• Outros Autores: Jank Calixto, Angela; UFMS
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Argumentum (Marília. Online)
• Texto Completo: http://ojs.unimar.br/index.php/revistaargumentum/article/view/1306

Contemporary global society, marked by its complexity, demands constant contact between different legal systems, considering the permeability of territorial boundaries and the growing interrelationship between social, political, cultural and economic subsystems. In view of the relevance of identifying the reasons inherent to the convergence between the international legal order and the different domestic legal orders, it is sought to delineate, based on Niklas Luhmann's Theory of Systems and through the adoption of the deductive method, in which sense the complexification of social and legal relations implies the indispensability of establishing structures for the communication between such orders, for the protection of human rights. It is concluded that there is a need to establish a coordinated and non-hierarchical interaction between legal systems, as a necessary mechanism for the survival of the different systems and for the best protection of human rights today.