Caos e ordem / o pensar interdisciplinar da Ciência no Direito: a aplicação da teoria físico-química das estruturas dissipativas no contexto da doutrina de precedentes judiciais como nova perspectiva de abordagem do direito processual

Abstract

The present study aimed to evaluate the contribution of physicochemical theory of dissipative structures in the study of procedural law, valuing interdisciplinarity in the search for a juridical knowledge more in tune with the current situation and rejecting the idea of self-sufficient juridical knowledge. We have established interconnections between the humanities and the natural sciences, we explain the relations between complexity and law theories, we conceptualize the doctrine of judicial precedents as well as the theory of dissipative structures, we put into debate the doctrine of judicial precedence in Brazil, this context shows how the dynamics of judicial precedents can be identified in the context of the theory of dissipative structures. For the delineation of this research we use the deductive method together with the criticalist method that aims at the junction of the theoretical ideal with reality, as a technical procedure we used the bibliographic research performed through the selected theoretical sources. With the result of the research we had the notion of the problematic dimension in which judicial precedents are inserted in Brazil, the study also allowed us to understand how the process of knowledge production occurs in the interdisciplinary scope of Legal Science. We demonstrate that the theory of dissipative structures is intrinsically linked to Luhmann's theory of autopoietic social systems, and that in turn, we insert judicial precedents in this context by characterizing it as an autopoietic subsystem of the law system, conceiving a theoretical model of "precedent judicial as a dissipative structure of Luhmann's autopoietic organizational pattern."