Os novos paradigmas do direito e o poder transformador da jurisdição

Abstract

The domain of information and technology implied social transformations and caused one of the major crisis of Law's regulating capacity. In cross-modernity, Positive Law faces a social context marked by misery, dissatisfaction, insecurity, and exclusion, problems caused mostly by inhumane economic practices, centered in the idea of profit and, by means of research, carried out in vulnerable human beings, animals, and vegetables. The new courses of economy, politics, science, and technology demand a new way of thinking and of applying Law. The judge has to fill the gaps and imperfections of Positive Law and, in the solution of troublesome cases, often times he/she will have to go beyond its traditional genetics, that is, beyond the right traditionally created by the State. When Positive Law does not present at least one answer to the problem, the judge will have to make use of the legal system, to mould the facts to the Law or the Law to the facts so that a solution is provided.