New policontextural constitutional jurisdiction limits as a guarantee of fundamental rights

Abstract

The present article aims to examine the contemporary transformations of society, marked by increasing complexity, and their effects on the exercise of constitutional jurisdiction. It is grounded on the premise that this new context requires the law to recognize and protect fundamental rights that, in earlier frameworks, were neither fully perceived nor adequately safeguarded. Within this perspective, the study proposes an analysis of the convergence between the systemic matrix developed by Niklas Luhmann and the constitutional theories characteristic of postmodernity. This articulation allows for an understanding of law as a system embedded within a broader communicative network, structured in a polycentric manner, in which multiple actors and subsystems interact continuously. The methodological approach adopted is the autopoietic systems theory, as it provides appropriate tools to observe constitutionalism within complex social environments. From this standpoint, the article reflects on the responsiveness of classical constitutional theories when faced with the evolving demands of contemporary society. Finally, the study draws upon the theory of polycontexturality, developed by Gunther Teubner, as a basis for constructing interpretative alternatives more aligned with present-day realities. The intention is to contribute to the development of constitutionalism through proposals that engage with social complexity while preserving the centrality of fundamental rights.