A legitimação do Estado democrático de direito na modernidade periférica: uma observação a partir do caso brasileiro

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The legitimation of the democratic state of law in peripheral modernity

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Author(s):	Rafael Silva Izaias Total Authors: 1
Document type:	Master's Dissertation
Press:	São Paulo.
Institution:	Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:	2010-06-10
Examining board members:	Tercio Sampaio Ferraz Junior; Celso Fernandes Campilongo; Guilherme Figueiredo Leite Goncalves
Advisor:	Tercio Sampaio Ferraz Junior
Abstract
This work has as objective to discuss the additional difficulties of legitimation of the democratic state of law in Peripheral modernity, from the observation of the Brazilian case. The theoretical framework adopted is the systems theory of Niklas Luhmann. For Luhmann, the democratic state must be understood as the result of differentiation between the political system and legal system. The characteristics of the Brazilian reality (such as exclusion, personalism and corruption) affect the functions of these two functional systems. The lack of reliability, equity and accessibility of state procedures, in turn, compromises their ability to absorb and mediate the social conflicts, undermining the acceptance of government decisions (AU)