Autorregulação e direito global: os novos fenômenos jurídicos não-estatais

Abstract

This article aims to analyze how juridical is the character of regulatory rules of conduct created by non-state transnational actors. It was guided from the following problem: under what conditions it can be said that the globalization of social processes has led to the emergence not only of transnational markets (and of corporations who act in them), but also of true juridical orders whose creation surpasses the idea of the state? As a hypothesis, it was proposed that social hipercomplexification resulting from economic, political and media processes of globalization also affects several other social systems, making necessary that the very idea of configuration of what is the juridical phenomenon must be theoretically reconsidered, so that this can be observed beyond the modern idea of absolute centrality of law in the idea of the state. For its achievement, the work was developed in two different specific objective moments: 1) to associate the social complexity resulting from globalization to the emergence of new social forms of organization, which do not cling to the limits of regulation by normative activity of the State; 2) to analyze concrete examples of private organizations who have implemented successful strategies of selfregulation of its corporate conduct.