POST-MODERNITY SYMPTOMS: LAW AND (AND) CRISIS?

  • Gustavo Felipe Berça Ogata
  • Jacqueline Sophie Perioto Guhur Frascati
Keywords: Symptoms, Symptoms; philosophy, Crisis

Abstract

Although the postmodern crisis has been discussed for some time, be it in philosophy or sociology,
there are very few works that bring this theme closer to law, pointing out the symptoms that such a problem is
occurring and possible solutions to reality. Thus, there is a need to establish this line of reasoning in order to
understand which would be some of the indications that this postmodern crisis is affecting the Law, from an
approximation of praxis and theoretical references. This research is bibliographic and uses legal-reflective thinking
to address the crisis experienced by law in postmodernity. As a theoretical reference, the writings of Zygmunt
Bauman will be used, as well as, in particular, the reflection by Eduardo CB Bittar, which explains the relationship
between postmodernity and the crisis of Brazilian law, in addition to texts of journalistic/informative content,
which will be extremely important for a parallel to be made, bringing the post-modern crisis closer to the iuris
world. We will seek to explain what postmodernity is and what reflections it provides in the scope of Law, pointing
out some symptoms of a possible crisis in Law and specifically in Criminal Law. There is no intention of
exhausting the topic, which has exacerbated complexity, but to contribute to the deepening of the issue and the
search for possible solutions. It was concluded that the proposals of the Enlightenment were not reached and that
there is a deficiency in the Law in offering effective responses to the crisis brought to light by postmodernity.

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Published
2024-07-25