Os media, direito e decisão judicial: observação de suas operações a partir da teoria dos sistemas de Niklas Luhmann

Abstract

This thesis discusses the operations carried out between the media and the judicial system, based on Luhmann's theory of systems, seeking to understand how the judiciary reacts to external noises coming from the media. In carrying out this study, we sought to bring a new perspective on the subject, given its relevance to the social environment and recognizing that it has already been the subject of other research. The conception that is aimed to be achieved is to deconstruct a negative idea, erroneously disseminated in society, especially regarding the role of the media, in which their real importance is not recognized, identifying them as an obstacle to the correct application of the law by the courts. With this in mind, each system was studied in isolation, distinguishing its binary codes, its elements and the operations that occur internally. And, only from this, we investigated the irritations coming from the media system on the judicial system, verifying how this affects the decisions of the courts and the production of certainty. Thus, it was up to this work to verify whether, in the face of these interferences, there is a structural coupling between the two systems or an intrassystemic corruption of the media system over the judicial system.