COMPROMISSO CONSTITUCIONAL INTERGERACIONAL E A PERSPECTIVA DECISIONAL NA ECOCOMPLEXIDADE

INTERGENERATIONAL CONSTITUTIONAL COMMITMENT AND THE DECISIONAL PERSPECTIVE IN THE ECOCOMPLEXITY

Abstract

This article presents the research had as objetive to identify the communication of the Law through the decisions of the Courts produced in the scope of the southern region of Brazil on the intergenerational constitutional protection before the technoscientific actions. In the light of the systemic theory of Niklas Luhmann, for whom the Social System is composed of several subsystems that are operationally closed but cognitively open, research has observed the interrelation between partial systems of the Science and the Law. In addition, the objective of the research was to identify how the Law has decided on these issues from the analysis of the Federal Regional Court judgments of the fourth region in the context of social hypercomplexity wich potentiates the risk of the decision. O method used was the sistemic and to the production and data collect the techniques used were bibliographic research in normative, doctrinal and jurisprudential sources. It was noted that there are few decisions of the Courts of the southern region of the country that take into account the protection of future generations. Most of the decision they were about exclusively with environmental law and the reasons of the votes did not comply with the provisions of article 489 of the Code of Civil Procedure. However, it is necessary to apply the constitutional precept from a new categorical imperative that includes human actions compatible with the continuity of life on the planet that requires a different temporal perception by the Law system, improving the conceptual plane of the category "future generation".