DIREITO VIVENTE: ENTRE O TEMPO E OS CONTRATEMPOS DA TECNICA

The article analyzed the book Diritto Vivente by Eligio Resta, Italian jurist and philosopher. The systemic-constructivist methodology, whose bases differ from traditional law, complemented by the analysis of jurisprudence oriented the structure of the article. The analysis started from the characterization of "living right". From this notion two categories of the work were emphasized: technique and time. The technique, in the living perspective, offers several questions, among them: the limits imposed by the Law in society and the quality of the decisions in the scope of a society of risk. The time in Resta's dimension faces the emergency and the exception, in a vision of regulation, setbacks and complexity. In the end of the article was possible to observe that in the search for the balance between its functions of stabilizing expectations and guiding behaviors, the "Living Right" is the result of a series of processes that go from mere exegesis to the hermeneutics of the text. The notion of "living right" is fundamental to respond the emergencies, but at the same time attentive to the degree of sacrifice of other rights.