Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Porfolio

The article analyzes the Brazilian system of precedents idealized by Daniel Mitidiero and Luiz Guilherme Marinoni in the light of the play Measure for measure, by William Shakespeare, and does so to demonstrate that the authors, by maintaining that the bindingness of the precedent stems solely from the authority and power of the Court that uttered it, regardless of its content, seem to bet too high on the virtuosity of the judges responsible for creating the precedents. This belief, however, as it will be shown from a parallel with the lessons that can be learned from the play, is nothing more than naivety and in no way reflects the historical reality of the functioning of Brazilian courts. In the work, the bibliographic research technique was adopted, conducted under the methodological option of the dialogue between Law and Literature.

This article analyzes the difficulties felt by historically oppressed communities to be recognized in terms of rights and dignity, especially marked by the colonial oppression that persists in Brazil. From the critical literary jus analysis of the novel Torto arado, written by Itamar Vieira Junior, which narrates the oppression experienced and the struggle for dignified living conditions of a quilombola community in Chapada Diamantina - Bahia, it is argued that, in order to face the forms of oppression, it is essential for the oppressed groups to build an intersubjectivity that articulates them as a community and that equips them with letters, numbers and emancipatory praxis. As a support to articulate the literary imaginary to the concrete conditions of the brasis in Brazil, we use the provocations of the decolonial thought as substrate for a critical proposition of the human rights. Finally, the work links, both from literature and from law, reality and fiction, desire and facticity, the antagonisms of a right that oppresses, of an enslaved freedom, but also of a struggle, of life and death , for conditions of dignity and for rights that liberate.

This article, by means of a jusliterary study, analyzes the elements of the artistic work O alienista by Machado de Assis through the theoretical contribution of Michel Foucault about the relations of knowledge and power that surround madness. The dialogue carried out leads to a critical reading of the interdiction action rules in force in Brazil. It is concluded that the contemporary judicial interdiction is very much similar to the scenario of alienation narrated by the brazilian writer. Faced with so many procedural subjects, the voice of the person in the process of judicial interdiction is either directed by someone, or repressed by the statutes, discourses, and truths infiltrated in this technique, as in a polyphonic novel, where that person is a mere figurant. As a possible “way out” for this legal-procedural alienation, the opposite path is suggested: giving a loud voice and protagonism to the disabled person.

The purpose of the article is, based on the facts portrayed in Ensaio sobre a cegueira, by José Saramago, to reflect on human behavior in the face of measures to face the public health emergency resulting from the coronavirus outbreak, at the end of 2019. Saramago's description of the (re)discoveries of the human essence, while they are protected in quarantine, pursued by fear, insecurity and doubts in the face of a new, invisible and unknown "enemy", the article proposes to critically analyze the pandemic moment in the Brazil. Through the provisions of Law 13,979, of February 6, 2020, used as a theoretical framework, the research outlines an overview of the public policies adopted in the country to contain Covid-19. In the second section, the article seeks to make an analogy with the behavior of the characters in the book by the Portuguese poet and Brazilians, mentioning legal, ethical, love, solidarity, political, economic and social issues, highlighting the aspects of the relationship between State, law and society. With jusliterary studies, the bibliographic research is based on a critical-reflective approach on the subject, using literature to embody the law.

The legal recognition of issues involving social minorities is a relevant challenge of the present that has immediate consequences on Brazilian political and social development. In this context, institutions perform a fundamental role in enabling qualitatively different people to participate in social life on an equal basis with others. In the case of the LGBTI+ population, as in the case of trans and intersex children and youth, object of the reflection now proposed, these inclusion challenges consist of difficulties such as combating transphobia, acceptance in society and their authentication as a subject of rights. Analyzing the law from the literary critical perspective of the novel The Wasp Factory by Iain Banks, the present work proposes a new conception of the prescriptive social-historical matrix that dogmatizes gender identities and their power relations, consequently compromising the state to notice their subjects and guarantee their inherent rights as a way of emancipating them from the conservative traditional popular culture.

The main purpose of this work is to develop a reflection on the relations between law, literature, discourse and power. The theoretical support consists of the Lecture that Roland Barthes and, from a hermeneutical method, the primary bibliography texts were analyzed and, besides that, works other interlocutors, and other authors who have dedicated themselves to the problem in question.