Implicacoes Sistemicas da Sumula Vinculante

Abstract

The article shows how Niklas Luhmann's social systems theory observes the Brazilian legal system's institute called "sumula vinculante". Once the system detects the dogmatic requirements which are necessary to the emission of such legal act, one will verify that its using comes with conflicting implications. It contributes to the decreasing of complexity and to the system's operational clousure, ceasing the excessive reproduction of heteregeneous judicial decisions. On the other hand, its binding effect reduces the possibility to construct the meaning of norms in accordance to the particularities of each case, compromising, also, the process of legitimation through legal procedures.

Note: Downloadable document is in Portuguese.

Keywords: Systems Theory, "Sumula Vinculante", Legal System, Autopoiesis, Legitimacy