Direito e psicanálise: fundamentos para uma nova leitura do ensino jurídico brasileiro a partir de uma abordagem interdisciplinar

Abstract

The relationship between Law and Psychoanalysis is often a subject of praise in legal academic debates. So much so that Resolution n. 5, which was edited by the Ministry of Education in 2018 and prioritized interdisciplinarity and the articulation of knowledge, established the National Curricular Guidelines of the Undergraduate Law Studies and included in the academic programs disciplines of the philosophical and humanistic fields and of the social sciences, among others. Therefore, the main objective of this research study is to identify the relationship between Law and Psychoanalysis, from an interdisciplinary perspective, to establish points of connection, in order to enhance the study of Legal Psychology, and to provoke a discussion that can justify a new reading of the Brazilian legal education. This is a qualitative research study, carried out through bibliographical and documentary analysis. Thus, the reflections start with the definition of the fundamental psychoanalytic concepts created by Sigmund Freud, the father of Psychoanalysis, such as unconscious, instinct, Oedipus complex and repression, and a brief history of the construction of psychoanalytic theory. At this stage, we also present the works Totem and Taboo (1913-1914) and Civilization and its Discontents (1929-1930) by Sigmund Freud, since these works establish a direct connection with the fundamental Freudian psychoanalytic concepts. Afterwards, we develop the concept of Legal Psychology, a discipline that acquired a unique status from the application of Resolution n. 5 of the Ministry of Education, by showing its historical aspect, importance and multiple approaches. Finally, we present a dialogue between Law and Psychoanalysis and discuss about Law, legislation and justice based on the psychoanalytic contributions to propaedeutics. In the end, we reinterpret Juridical Psychology in Family Law based on psychoanalysis. In this regard, we conclude that it is possible to establish points of intersection between Law and Psychoanalysis and that the latter has important contributions for Law, promoting the understanding of an integrative view of the subject.