Effectiveness of legal protection of Collective and Diffuse Rights: a contemporary look from the perspective of Complexity Theory

Abstract

The present work follows the paths of bibliographic investigation, having as an investigative axis the protection of homogeneous diffuse, collective and individual rights in the light of Complexity Theory. It starts from the assumption that the complexity of social relations often radiates its effects on the legal dimension of the world of life, culminating in the emergence of complex situations that the Law aims to protect, in an equally complex way. It also considers that in the sphere of the protection of these rights, it is not always possible to find a simplified/simplifying answer to the problems presented. Faced with the current problems of society, which are more complex, it seeks to reflect on various proposals for solutions to current socio-legal problems, regarding the understanding of the referred phenomenon, considering that the proposals offered by contemporary doctrine do not always coincide with the conventional. The present research does not aim to exhaust the matter, but only to present new perspectives to the confrontation and forwarding of more contemporary solutions, related to the injuries and damages generated/caused in the socio-legal sphere of the rights and interests, now appreciated.