The RECEPTION OF LUHMANN IN THE SOCIOLOGY OF LAW IN BRAZIL

Abstract

Since the 1980s, Niklas Luhmann has been a debated figure in Brazilian law, influencing court decisions and legal doctrine in books. This study aims to delineate the path through which Luhmann's theory has been absorbed by the Brazilian Sociology of Law, seeking to clarify hypotheses circulating in the academic milieu that had not been tested. The paper’s methodological focus was to utilize interviews with the four main Luhmannian authors who had published works on the subject in the 1980s and 1990s, along with a semi-structured questionnaire for members of the Brazilian Law & Social System Network. The article also analyzes data from national open databases to infer the impact of Niklas Luhmann's works on the Brazilian sociology of law. The results demonstrate the existence of over two hundred Luhmannian theses and dissertations in Brazilian sociology, a high frequency of citations in legal articles, and resounding influence in various research groups and in Brazilian courts. The conclusions highlight specific characteristics in Brazil for the reception of the theory, emphasizing the translation of some of the author's legal-related texts into Brazilian Portuguese as catalysts for interest in Luhmann's work, particularly in the ways these texts were introduced by Cláudio Souto and Tercio Sampaio Ferraz Jr. This study contributes to deepen understanding about why Luhmann's influence on the Brazilian Sociology of Law has prevailed.