Dissimetrias e punitivismos: um outro discurso a partir de Foucault

• Ano de defesa: 2023
• Autor(a) principal: Tomelin, Georghio Alessandro
• Orientador(a): Muchail, Salma Tannus
• Tipo de documento: Tese
• Tipo de acesso: Acesso embargado
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Filosofia
• Departamento: Faculdade de Filosofia, Comunicação, Letras e Artes
• País: Brasil
• Palavras-chave em Português: Isonomia; Desigualdade; Dissimetria; Punitivismo; Sistema disciplinar; Sistema normativo; Instituições de sequestro; Docilida
• Palavras-chave em Inglês: Isonomy; Inequality; Dissymmetry; Punitivism; Disciplinary system; Normative system; Kidnapping institutions; Docility; Panopticon; Surveillance; Normal and abnormal; Healthy and sick; Regular and criminal
• Área do conhecimento CNPq: CNPQ::CIENCIAS HUMANAS::FILOSOFIA
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/41049

Michel Foucault’s thought allows us to see the discontinuous. Foucault does not analyze power in a binary or dualistic perspective. It is in the interstitial spaces of history of law that it will be possible to have another view about punitivisms. We will use foucauldian discourses from the mid-1970s, when he turns to the study of kidnapping institutions and the different modes of disciplinary power operation. We will analyze the dissymmetries that allow the use of equality as a mechanism to validate differences of treatment in situations that should have a similar treatment at their origin. We will study discursive and non-discursive practices in law to understand how power networks reconfigure cultural and historical patterns, leading behaviours towards certain ways of being and doing. Isonomy is not the practical reference for applying the norms of the normative system. The disciplinary society is structured by relations of order and disorder and not by the application of legality or illegality standards. Illegalisms of all kinds define what is normal or abnormal, healthy or sick, polite or uneducated, upright or criminal. Adherence to a social compact for the respect of norms voted by majority does not guarantee the isonomic application of the rules accepted by all. Juridiction mechanisms (application of the normative covering on the facts) and veridiction (selection of facts that will be qualified as legally relevant) suffer the influence of the applicators of the normative system with the power to define values and classify or disqualify certain subjects in the position of offenders. The punitive system operates based on dissymmetries and inflections in the application of norms. Economic exclusion operates through the inclusion of the commanded subjects in kidnapping institutions (schools, factories, hospitals, prisons, etc.). Power is not simply repressive, power is productive. The disciplinary system promotes the production of docile subjects for the needs of social production and organization. Subjects are not born docile, they become docile. In order to prevent subjects from becoming wolves for other subjects, they accept a formal punitive system, and are placed in the position of lambs of the shepherd who commands the informal punitive system. An exhaustive and omniscient disciplinary system will guide behaviours, without ever being challenged. This disciplinary system is maintained by a diffuse affirmation of itself through the ways of being and doing before the society