A reforma do judiciário: uma análise sistêmica da nova estrutura e organização

Abstract

A recent change occurred in the Brazilian justice system, guided by Constitutional Amendment 45/2004 established a new structure, the National Council of Justice (CNJ). The National Council of Justice, the judicial organ internal, proposes new policies, interactions and practices of management and control, this structure will be analyzed in this paper under the lens of social systems theory, based on founding authors of systems thinking: Maturana and Varela Niklas Luhmann, Capra, Guerra Filho. Initially, the work addresses the context of the crisis of the judiciary, from the perception of the social system and communication and exchanges on the crisis of the judiciary and from that memory develops an analysis of the reform process and its main recent policy. The research is developed by analyzing the annual reports of the CNJ and its resolutions. Under the focus of systems thinking and the concept of autopoiesis observed the emergence of the CNJ and the proposed virtualization as a legal framework that was grounded in new connections and communications system, a process that aims to democratize.