Justiça do cotidiano - para uma hermenêutica da juridicidade

• Ano de defesa: 2019
• Autor(a) principal: Antônio Eduardo Silva Nicácio
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; Brasil; DIREITO - FACULDADE DE DIREITO; Programa de Pós-Graduação em Direito; UFMG
• Palavras-chave em Português: Justiça do cotidiano; Hermenêutica da juridicidade; Pluralismo jurídico; Justiça espacial
• Link de acesso: http://hdl.handle.net/1843/30503

The research investigates the consummation of law and a variety of social norms in the daily life of Vila Acaba Mundo, a small village in the city of Belo Horizonte, as well as the community sense of justice existing in that locality. The investigation performance led to the construction of a specific epistemic-methodological approach, called hermeneutics of juridicity. From a plural and spatial perspective of research with daily life, this methodological design was developed to understand and interpret juridicity, understood as all the social normative plurality, including the rules and principles of official law and the legal sensitivities arisen from other normative social fields existing in Vila Acaba Mundo. Therefore, this thesis was written in two parts. The first one describes the referred hermeneutics of juridicity, which led to its formulation, the way it was thought, the theories and practices that underlie it and some of its core characteristics. The second part presents an inventory of the consummation of the justice of daily life at the Village, based on reports and analyzes on how residents conceive and defend their rights, their networks of solidarity, the main obstacles they confront with in order to defend or carve out rights and a survey of the community feelings of justice and of the senses and practices of rights and all the juridicity. The work, in a dynamic way, discloses the existence of innumerable legal sensitivities, revealing both the constructive and constitutive character of juridicity and the power of its invisible and unexplored dimensions. The originality and strength of the data collected and the theories discussed and outlined demonstrate the plurality that exists in the production of that space, the processes of invisibilization and silencing of the residents as well as the different orders of existence of daily conflicts and experiences, questioning the low effectiveness of fundamental rights in the Village area, aggravated by the paradoxical existence of rights that deny rights.