Direito é o mundo: uma dramaturgia do fim do juízo

• Ano de defesa: 2024
• Autor(a) principal: Igor Campos Viana
• 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: Teoria do direito; Corpo; Violência; Performatividade; Novo pensamento crítico do direito; Direito - Filosofia; Pensamento crítico
• Link de acesso: http://hdl.handle.net/1843/67125; https://orcid.org/0000-0002-8132-1185

This is a thesis of Legal Theory. A situated theory. And an embodied law. A minor theory of law, in dialogue with Gilles Deleuze and Félix Guattari, in the times of the Anthropocene. In it, I hum the chant: “law is the world”. I'm talking about law that existed before jurists and that will exist after them. I discovered with Franz Kafka that where it was thought that was law, there is in fact desire and only desire. This invites me to think about another aesthetics of law. The end of judgment dramaturgy. In the first movement, Matter, I affirm a material radicality of law. I learned from Andreas Philippopoulos-Mihalopoulos that law and space are an ontological tautology. I am inspired by Hélio Oiticica and his environmental program. I affirm with Jane Bennett the connection between matter-law and vital-ethics to think about the entanglement of life between humans, non-humans, and more-than-humans. In the second movement, Violence, I invite Walter Benjamin to discuss violence as an absolute means of Law. From him, I learned that mythical violence produces the subject subjected to the rule of Law in a magical operation that makes him responsible for the violence that precedes him. Guilt is inoculated within social functioning. Andityas Matos and Judith Butler join this Benjaminian path of understanding the violence of Law, teaching us about the argument of exception and the criticism of State violence as a condition for any criticism. Finally, I bet on a contribution to this debate by understanding violence in a continuum of thievery and gift in dialogue with the Amerindian Perspectivism. In the third and final movement, Performativity, I begin with one of the freest moments of this writing. A flurry of associations that bring carnival and theater together. Pure analytical act. The dramaturgy begins to be taken over by a turbulence of its strength. She signs up for herself. I return once again to Judith Butler. And I try to tension her thoughts with Karen Barad and Suely Rolnik. In the performative dimension of law, we affirm the immanence of experience against any transcendence of judgment. I conclude the thesis with an anecdotal epilogue. Releaser of critical-clinical laughter. Revealing, based on studies carried out on ancient Greek sources, that the feast is the oldest meaning of law.