Corpos em situação de rua: direito, teoria dos sistemas e o problema da exclusão social

Abstract

In this research, in a scenario of diagnoses of structured social exclusion, especially of people in street situation in Brazil, I investigate the confrontation of the thesis of primacy of functional differentiation with the problem of inequality in a society shaped by capitalism. In order to achieve this, I approach the emergence, the evolution and the problems of the discussion about social inequality in the key of the differences of inclusion/exclusion and people/bodies in Niklass Luhmann's theory of social systems and in the secondary systemic literature, perpassing the advances and the limits of the reconstruction of the historical connections between functional differentiation, capitalism and the primitive accumulation of capital, realized by João Paulo Bachur. Based on my conclusions from this research and its consequences, I intend, from Klaus Dörre's and David Harvey s news sociologicals visions of neoliberal economic phenomena that take political-juridical environment as an important guiding and redefining aspects of economic life , to contribute to the analysis of the obstacles and possibilities of systems theory for understanding law as an instrument for the defense of the excluded