Direito e representações sociais: sujeito, desejo e consumo

Abstract

This Thesis proposes to present the Social Representations as a epistemic opening to the Law relating the consumption and the desire of the subjects. For this analyze it is used the three epistemological matrices of modern legal theory and the Theory of Social Representations supported by the Theory of Structuring. From this relationship arises the answer to the research problem that seeks to establish the extent to which Social Representations are a path to the epistemological opening of the Law, regarding the Consumption and Desire of Subjects, promoting reflexivity and learning in contemporary times. In this sense, consumption as a phenomenon of modernity must be understood as a psychic-social construction (involving subject and society). Concerning the desire of the subjects, besides a sociological and cultural dimension, their psychoanalytical perspective also matters. However, the law is quite refractory to change, given the dominance of positivist rationality, which does not promote epistemological openness. With this goal, the Social Representations inaugurate a point of intersection between scientific and common knowledge, between the subject and society that fills a gap arising from the modern science model. The investigation of the three matrices of modern legal theory spreads all this influence of the natural sciences on legal rationality. The same problem is exposed in the legal dogma with scientific pretensions that dominates the legal praxis. In addition, it is necessary to consider the challenges to law in a hypercomplexity scenario that is the consumer society. Thus, the purpose of this Thesis is to analyze the extent to which Social Representations are this path that provides the epistemological opening of/in Law, in this context. The methodology adopted was Anthony Giddens' structuralist method, through the analysis of the syntagmatic and paradigmatic dimensions. Finally, the nature of the research was qualitative, with monographic approach method and bibliographic research technique. Thus, research pointed to the possibility of establishing through Social Representations an epistemic opening to the Law.