Fundamentos para informatização do direito: a possível influência dos teoremas da incompletude de Kurt Gödel na construção da norma hipotética fundamental de Hans Kelsen

• Ano de defesa: 2016
• Autor(a) principal: Bastos, Rodrigo Reis Ribeiro
• Orientador(a): Ferraz Junior, Tercio Sampaio
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Sistema; Informatização; Kelsen, Gödel, Incompletude; Norma; Hipotética; Fundamental
• Palavras-chave em Inglês: System; Law; Information technology; Incompleteness; Standard; Hypothetical fundamental
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/7017

Using computer and computerize are very different things. Using computer means keeping the same procedures using other means. Change to the typewriter by the word processor and cards movements processes for databases. It's been done, it is ready! The next step is to computerize. Computerize means automating procedures based on formal hierarchical systems. Digital technology, binary, which we have today can not hand down sentences, but there is much in the legal procedure that can be automated, even the sentences. The computerization of judicial services is already underway. A major step in this direction was the adoption of the electronic process. The problem is that this is not being done in a uniform manner, every court, every stick and every judge adopt their own methods of computerization. The lack of cohesion and uniformity arises in the absence of a theory that is able to support the process of computerization of processes. The computerization and automation of procedures depends on the adoption of models of formal systems and hierarchy that need to be interpreted isomorphically by computer programs and, finally, the machine language (do not be alarmed with the terms, everything will be explained in the following pages). On the right who moved closer to the establishment of a formal hierarchical model was Hans Kelsen in his Pure Theory of Law. Moreover, it seems, Kelsen had a clear notion of the intrinsic and insurmountable limitations of formal systems. A useful, correct and consistent basis for the computerization of the law must take these limits into account. As the limits of formal systems were discovered and demonstrated by Kurt Gödel and having both lived in the same time in the same city, studied and taught at the same university and had friends in common, it is reasonable to assume that Kelsen has been influenced by the incompleteness theorems Gödel in building the fundamental hypothetical norm