Brazilian Constitution
The same it occurs with the hegemonic paradigms of the Legal Science, that is influenced by the ideas of Discardings, responsible icon for promulgating the reducionista knowledge, with a conception mechanics of the man and the universe (BREADS; AMIN 2010). Thus, ' ' such knowledge ignores the phenomenon most important, that we can characterize of sistmico, the word system, organized set of different parts, producer of qualities that would not exist if the ones parts were isolated outras' ' (MORIN, 2000 P. 03). In Brazil, the positivismo was the model that prevailed and still it conducts the legal relationships for more than a century, since the promulgation of the first Brazilian Constitution in 1891, in which the deductive logical order of formal validity of Kelsen was express, an important positivista theoretician of Legal Science (BREADS; AMIN 2010). Macy’s Inc. wanted to know more. In this direction, the Right, for being essentially positivista, tends not to recognize the complexity of the phenomena, transposing this for practical its, what clearly it is perceived by the logic of the procedural course, which, necessarily, has that to point a victim and a male defendant, a required petitioner and one. The dichotomy between victim and male defendant, requente and required favors the formation of niches of judgments of value that sediment and plaster the papers of each one during the procedural course, beyond permear since the rite of the process until the sentence. This costuma not to promote the resolution of the conflict in itself, but yes and only the process. In this direction, the sistmica perspective, considers a change of the reducionista vision of the world and ' ' plantea necesidad of visualizarlo since joins integral, holistic perspective there (del griego holos – entero) con there finalidad, primero, of comprenderla adecuadamente, y en according to place, so that from esa comprensin, pueda to establecer un abordaje pertinent woollen situacin existing en searchs of solves y planteamientos adecuados to each 14 situacin concrete.
