Ensaio sobre a cegueira: a literatura como possibilidade de observação ao racionalismo jurídico

Abstract

This work is dedicated to the study of the possibility of approximation of the knowledge in the dialogue between law and literature, in order to investigate how literature presents effective contributions to the extent of law. Still, taking into account the necessary process of knowing the world and a better way to understand it, it has as goal to provide the reflection concerning to the primordial functions and objectives of law, oriented, in their nature, specially to the society and for the society, as well as the way it (the law) is elaborated, interpreted and later applied. To do so, it is necessary to demystify the law as superior and incapable of truly recognizing the reality which is around it, composed by purely rational and universal precepts, as well as to analyze the consequences occasioned to law when of its blind utilization and mistaken interpretation. The research, then, aims to describe the existing relation between Law and Literature and the movement by which it is settled, deepening in the analysis of its ways of study that may be applied to the legal sphere, evidencing, besides its importance, the sensitizing efficacy originated from this union. Furthermore, it presents the vision of law demonstrated specifically through a narrative of fiction built in the literary work "Ensaio Sobre a Cegueira "(essay on blindness), as an incentive tothe analysis of the proposed theme. A bibliographic survey was conducted, as well as the propitious philosophical and hermeneutical reflection regarding the content that provides the connection between the two areas of knowledge. It was verified, therefore, the benefic communication between the mental and rational structures, reprehending the exaggerations provoked by rationalism and the mere empiricism, in the search for balance between the objectivist and subjectivist theories, using the literature as a promising contribution to the development of a deep and refined observation in the work of pondering to the legal dogmatic. That imposes the verification that the literature raises questions to what has already been examined and impulses us to think about what had not been cogitated yet. [resumo fornecido pelo autor]