ANAMORPHOSIS - Revista Internacional de Direito e Literatura
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Published By Rede Brasileira Direito E Literatura (Rdl)

2446-8088, 2446-8088

2020 ◽  
Vol 6 (1) ◽  
pp. 177-198
Author(s):  
Arthur Emanuel Leal Abreu ◽  
Alexandre de Castro Coura

This paper explores the connection between law and literature, considering the concept of civil disobedience as developed in the plot of the novel “Harry Potter and the Order of the Phoenix”. To do so, this research uses the approach of law in literature, by linking the actions of Dumbledore’s Army to the theory of civil disobedience by Dworkin. Also, the narrative is compared to the conception of civil disobedience as a fundamental right, based on the conflict between facticity and validity, as described by Habermas. Thus, the analysis identifies, in the novel, two categories of civil disobedience proposed by Dworkin, and discusses, in real life, the overlapping of disobedience based on justice and on politics, in order to identify the conditions that justify actions of civil disobedience. Besides that, this paper analyzes the tension between legality and legitimacy, considering the decisions of the Ministry of Magic and its educational decrees, which sets the school community apart from the official political power. In conclusion, the research examines the use of persuasive and non-persuasive strategies and the reach of civil disobedience’s purposes based on the actions of Harry Potter and of Dumbledore’s Army.


2020 ◽  
Vol 6 (1) ◽  
pp. 247-273
Author(s):  
Eduardo de Carvalho Rêgo

This paper searches for one possible way of understanding the Law based on the novels "O crime do padre Amaro" and "O primo Basílio", by Portuguese writer Eça de Queiroz. In both novels, the deaths of the female characters (Amélia and Luísa) are consequences of their lovers’ conducts (Amaro’s and Basílio’s), with no legal punishments for any of them. After reading these novels, there might be a feeling of injustice to the women, even if the male characters had not formally done any criminal actions. Precisely, this lack of action of the Law creates a paradox: even though the search for Justice is its main objective, by attempting to accomplish that purpose, sometimes severe injustice is brought by it, such as what happens to Amélia and Luísa. This research used the inductive scientific method, so the analysis of specific phenomena serves to generate generic conclusions. In this case, the main conclusion is the paradoxical trait of the Law, which is the main instrument for Justice, but is, at the same time, strongly capable of generating injustice because of its correct application.


2020 ◽  
Vol 6 (1) ◽  
pp. 79-99
Author(s):  
Katya Kozicki ◽  
Luis Gustavo Cardoso

This paper is an investigation of the reference made by Carlos Santiago Nino about Jorge Luis Borges, in the fifth chapter of his “Introduction to Legal Analysis”, in which he introduces the concept of verbal realism. The production by Borges mentioned by Nino is the poem “The Golem”, which tells the story of rabbi Judah Loew, who attempted to create another human being in his rituals. Thus, this study develops new considerations on the power of words to evoke things, and the common belief that words intrinsically relate to what they represent. In order to do that, the first objective of analysis is the immediate reference of Borges, the dialogue “Cratylus”, by Plato, together with other references, such as Goethe’s Faust, which has a similar narrative to the analyzed poem. The question raised is whether verbal realism offers definitions to constitute the universe built up by Borges. Hence, this article concludes that words, in normative contexts, are useful for summoning certain phenomena towards the events, and that verbal realism, then, has a dimension that Carlos Santiago Nino did not explore.


2020 ◽  
Vol 6 (1) ◽  
pp. 275-302
Author(s):  
Gabrielle Bezerra Sales Sarlet ◽  
Adriana Dornelles Farias

This article is an application of the methodology Law in Literature, with bibliographic research. It develops the concept of education in Human Rights, based on the dignity of the human person, the right to non-discrimination, and the general principle of equality in law, all ideas acknowledged by the Brazilian Federal Constitution of 1988 and the current norms in the context of family and domestic violence in Brazil. It presents an interdisciplinary dialogue between the legal doctrine and the novel "Purple Hibiscus", in attempt to map the main actions applied in Brazil by the Interamerican Human Rights System in the Maria da Penha case. Thus, it is possible to establish an exchange between human and fundamental rights, through inclusion policies, information sharing and empowerment, especially regarding women and children.


2020 ◽  
Vol 6 (1) ◽  
pp. 101-124
Author(s):  
Douglas Antônio Rocha Pinheiro

This article is based on the Law and Literature methodology. It analyzes the shortage of contemporary utopian narratives. The object of analysis are the characteristics of constitutionalism in light of literary categories from dystopian literature – especially regarding Philip K. Dick’s “Minority Report”. Thus, this paper examines to what extent the contemporary paranoia – both subjective and systemic – has strengthened court decisions based on pretentious illicit conspirations, as well as institutional solutions justified by the prospective use of automated processes, supposedly neutral and efficient. This paper also discusses the incorporation of a certain time paradigm of contemporary cultures, which is linear and unidirectional, with a rigid differentiation between past, present and future. Such conception creates temporal ghettos, besides imposing a dominant social rhythm that frustrates the very protective trait of constitutionalism, regarding the life projects of vulnerable minorities. Thus, this work reflects upon the fragility of the argumentative integrity seen in certain judicial sentences which are justified by consequentialist lines of thought, and which, by projecting future catastrophic effects for possible decisions, end up legitimizing opposite outcomes. In conclusion, the need for overcoming fear as the fundamental feeling in the social, institutional power is discussed.


2020 ◽  
Vol 6 (1) ◽  
pp. 151-175
Author(s):  
Luana Mathias Souto

Este artigo tem por objetivo analisar os direitos das mulheres no contexto brasileiro, principalmente, seus direitos reprodutivos. Para atingir esse propósito, o artigo por meio da combinação entre Direito, Filosofia e Literatura tenta repensar por que as mulheres não possuem voz quando decisões sobre seus direitos são tomadas? Metodologicamente, utiliza-se de revisão bibliográfica, a partir da obra "O conto da Aia", escrita por Margaret Atwood (2006) e os conceitos de "homo sacer" e estado de exceção desenvolvidos pelo filósofo Giorgio Agamben (2004; 2007) para ilustrar como as narrativas de vida podem promover os direitos humanos.


2020 ◽  
Vol 6 (1) ◽  
pp. 219-245
Author(s):  
Joice Graciele Nielsson ◽  
André Giovane de Castro

In this article, we debate on the condition of women in society and their emancipation from the patriarchal system. The method used is phenomenological-hermeneutical, with qualitative approach, exploratory technique, and bibliographical procedure. The research problem is: to what extent does the domination of men manifest itself over the female subject’s body and mind with aims at hindering their empowerment through acts of violence at home? This study is justified by the need and the urgency of understanding the historical constitutions of gender identities as a social, non-natural phenomenon. The research goal is to, at first, analyze patriarchy as a mechanism of superiority for men and of subjugation, submission and subjection for women. Secondly, this paper aims at understanding women’s incorporation of patriarchal precepts as an obstacle to emancipation, confrontation and resistance to domestic violence, based on the analysis of the short story "Husband" (Marido), by Portuguese writer Lídia Jorge. In conclusion, corroborating the starting hypothesis of the article, it appears that patriarchy hinders the emancipatory potential of women and, therefore, of human rights in the face of domination and violence by men.


2020 ◽  
Vol 6 (1) ◽  
pp. 125-150
Author(s):  
Gonzalo Ana Dobratinich

Este artigo tem como objetivo examinar a constituição e implantação da epistemologia jurídica, com base em contribuições teóricas que analisam o vínculo entre direito e literatura, especificamente a partir das ferramentas e materiais conceituais fornecidos pela obra de Jorge Luis Borges. A amplitude que permite a ligação entre os dois espaços nos convida a enfocar o estudo em torno do caráter contextual do direito. Para isso e de modo a oferecer uma análise específica, propomos uma leitura literária do conceito de "paradigma" desenvolvido pelo epistemólogo Thomas Kuhn. As categorias e instrumentos teóricos presentes na literatura de Borges permitirão uma análise jusfilosófica em torno da ideia de paradigma no direito. Esses diálogos e intercâmbios teóricos serão relevantes para tornar visível a complexidade a partir da qual se institui o conhecimento jurídico.


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