Dediferentiative impacts of politics and economy on the human rights: the case of the right to culture

Abstract

The aim of this research is to study - starting from the analyses and concepts of the social systems theory of the German sociologist of Law Niklas Luhmann - the interferences that politics and economy, as social systems, can cause on the law system and, more precisely, on the spectrum of the "fundamental rights" or human rights. The work is focused on the right to culture, understood as a complex series of cultural rights. The research starts with a bibliographical revision on Luhmann's social systems theory (mainly in its references to human rights, right to culture and cultural rights) and also on the writings of positive law on cultural rights, as human rights. On the theoretical-systemic perspective, there will be analyzed the impacts of economy and politics on the (non-)realization of the cultural rights (understood as a species of the gender human rights), what is a case of barriers to the functional autonomy and autopoiese of law - attributes of the social systems as analyzed by the Luhmannian theory. As a basis for the analyses, the work focused the dispositions of Brazilian Federal Constitution of 1988 (5º, IX, XXVII, XXVIII e LXXIII, 220, §§ 2º e 3º, 23, 24, 30, 215, 216, 219, 221, 227 e 231) and some dispositions on the theme inserted in regional and global treatises, conventions and covenants on human rights. (AU)