O enterro do diabo

morte e moral no direito e na religião

Abstract

This work aims to describe, mainly from the sociological perspective of Niklas Luhmann’s systems theory and the literary lens of Gabriel García Márquez, two functional systems: law and religion. The objective is to reach an answer to the following question: how can the study of the similarities and differences between legal and religious communications, through the point of view of science and art, contributes to the understanding of the law of modern society? This functional comparison between law and religion was based on the analysis of three key concepts developed by the sociological framework of Luhmann: code; function; and contingency formula. Reflections were presented on how the legal system and the religious system deal with two central themes contained in Márquez’s book La hojarasca (Leaf storm/The devil’s burial): death and moral.