Ética, justiça e direito: um olhar a partir do pensamento de Emmanuel Levinas

Abstract

The present work is constituted in order to develop an approach on the possibility of a perspective of the right (or law) and the justice understood in the relation with the infinite present in the Other, oriented by an ethical view turned to take over responsibility before his otherness. The discussion here developed is necessary to face the large presence of the legal positivism in the practice of law, that in function of a certain impersonality in deal with facts and norms excuse itself from the ethical relation with that one that calls for justice. The ethical proposal of Emmanuel Levinas presents a view that recognizes the impossibility of apprehending infinity present in the person that presents itself before me, in that which infinitely Other. It is a proposal of primacy of ethical relationship in pursuit of a way out of ego self-centered domains. Therefore it comes at a first moment address the course of Levinas ethical primacy and the possibility of its experience, presenting and developing its core concepts for the research question, to then focus on the issue of the third and the justice in levinasian thought, establishing relation to a proposal of rights based on otherness, and at the end it's made a relationship between the developed discussions and Jacques Derrida perspective, linked to rights and justice, present in the text "Force of Law". The research is based on the hermeneutic method, in face mainly of a non totalizing interpretation over the levinasian thought. At the end stands out that the perspectives proposed by Levinas provide more than enough elements to a new view of right and justice, a view that support the non reduction of the Other to an element of comprehension. Thereby, it was not aimed come to a closed understanding of the discussed theme, the intent was much more on the way to develop of an overview upon those questions.