O ciclo paradoxal de subinclusão/sobreinclusão/desconfiança na modernidade periférica

Authors

  • Jorge Adriano da Silva Junior Universidade Federal da Bahia
  • Lucas Rego Silva Rodrigues Universidade Federal da Bahia

DOI:

https://doi.org/10.21910/rbsd.v8i1.485

Abstract

The relationship between the asymmetry of the under-inclusion/over-inclusion binomial and distrust in regions whose modernity is described as peripheral in systems theory, is the object of this work. Through bibliographic review research, it was initially found that, in modern society, numerous conflicting expectations arise, and the function law is the congruent generalization of normative expectations. The confidence that people will behave according to institutionalized expectations, and the legal system will reaffirm them in case of frustration, reduces social complexity and allows social coexistence. Then, we understand that, in peripheral regions, social undifferentiation promotes asymmetry between under-included and over-included. Therefore, fundamental rights are not sufficiently effective to promote the widespread inclusion of people in legal and political systems. As a result, supporting a bibliographic research with a quantitative research, it was found a paradoxical cycle between distrust and under-inclusion/over-inclusion in peripheral regions of modernity, which affect the realization of fundamental rights and their inclusive function.

Author Biographies

Jorge Adriano da Silva Junior, Universidade Federal da Bahia

Mestrando em Direito no Programa de Pós-Graduação em Direito da Universidade Federal da Bahia (UFBA). Graduado em Direito pela Universidade Federal da Bahia (UFBA).

Lucas Rego Silva Rodrigues, Universidade Federal da Bahia

 

 

Published

2021-01-03

Issue

Section

Articles