Positivismo, pluralismo jurídico e o paradigma emergente: a teoria da complexidade e seus obstáculos epistemológicos

Abstract

The present article intends to investigate what would be the theoretical and practical obstacles, imposed and faced by the theory of complexity in the emerging paradigm, having as a locus of observation the look from the right. Therefore, it starts from the analysis of the paradigmatic transition experienced between modernity and the emerging model, verifying, from the examination of theoretical references, the scientific paradigm and the context of the emergence of complexity theory, as well as the emergence the “complex” and the need to break with the paradigm in crisis, also outlining the general aspects of the theory that underlies this passage. It is proposed, then, to contribute to the debate, investigating theoretically and dialectically, the relationship between law and rationality and the paths that are drawn from there, to conclude by the existence of two obstacles: legal positivism, as a theoretical obstacle, operating in reducing the complexity of the law; and, legal pluralism, as an epistemological obstacle, denying the primacy of the State in legal production. The formation of both obstacles is the epistemological barriers that arise in the emergence of the emerging paradigm.