Abstract
The exception is still a mystery to the law. In this study, the exception problem is presented contrary to Cartesian rationality and problematized in a pragmatic-systemic metodology. Therefore, as a condition of operational decidability in the legal system. In this way, the improbability of communication is addressed by communicating the exception. In Brazil, since the case of the Fake News inquiry n. 4,781, there is a question about the limits and meanings of decision-making power. An epistemological observation of the symbolically generalized means of communication is adopted as a condition of meaning for the theory of social systems, so that a rereading of investigative contributions is necessary to provide a different material to respecify the discussion about the function of the courts and the exception in contemporary society. From a perspective and application of the pragmatic-systemic matrix from an analytical disposition by jurisprudential empiricism, it is asked and raised that it is possible to observe the decisive exceptionality that constitutes the function and position of the courts in the legal system, especially in relation to the temporary need to build communications that allow stabilizing and anticipating the future. It is suggested that exception, decision, paradoxes and deparadoxization are events that operate in a continuous and intrinsically related way.
Keywords:
Exception; Fake News inquiry; Pragmatics-Systemics; Paradoxes