Releitura sistêmico-teórica das relações entre direito, política e economia: a crise de 2008 como ponto de inflexão para a emergência do constitucionalismo societal

Abstract

The presentwork seeks elements in Niklas Luhmann s systems theory as developed by Gunther Teubner and Marcelo Neves, amongst others to explain the interrelations between the legal, economic and political social subsystems in current society. Based on the theoretical tools gathered, it analyzes the concept of economic constitution as the structural coupling between law and economics, and the State Constitution as a structural coupling between law and politics. Economic crisis is then explained by the inflationary tendencies in the production of symbols and by the conflicts between partial rationalities. The crisis of 2008 strengthened the conclusion that globalization restrains politics and law s capacities to influence the international economic system. In view of that, it is suggested the adoption of Teubner s societal constitutionalism as a proposal for XXI century s democracy. Societal constitutionalism allows the recognition of internal constitutions in each social subsystem and the development of internal public reasoning institutions, where politics can be developed autonomously from State Politics. Finally, the last chapter considers how the measures against economic crises invariably redefine the roles of the Executive, the Legislative and the Judiciary, recognizing some freedom to the Executive, although such freedom does not mean the absence of any checks and balances.