Banca de DEFESA: Vitor Sousa Bizerril

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Vitor Sousa Bizerril
DATE: 31/08/2023
TIME: 19:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3aca17277940ec4babb42f90326aff9f30%40thread.tacv2/16933
TITLE:

With or without emotion? An introduction to affections for the study of Law.

KEY WORDS:

Introduction to Law; Theoretical common sense; Emotions; Body; Affects.

PAGES: 293
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Understanding how the most widespread works of legal propaedeutics conceive emotions and on what possible assumptions they are based is the motto of this research, which, in the end, proposes a diverse theoretical support to understand the affects. The common sense of jurists was established based on the presumably most used and referenced works of Introduction to Law, the most elementary and comprehensive legal propaedeutics: Lições preliminares de Direito, by Miguel Reale; Introdução ao estudo do Direito, by Tércio Sampaio Ferraz Júnior; Compêndio de introdução à ciência do Direito, by Maria Helena Diniz; and Introdução ao estudo do Direito, by Paulo Nader. Specifically, these works were reached using the Publish or Perish software, integrated with the largest academic search engine today, Google Scholar, searching for the terms introdução à ciência do Direito; introdução ao estudo do Direito; and introdução ao Direito, being the only ones that surpassed the number of a thousand citations among books by brazilian authorship with a broader propaedeutic theme. Synonyms of emotion, as well as its variations, both gender and number inflections, as well as nouns and adjectives, were considered keywords, which, when investigated in the selected works, confirmed the usual theoretical lack of interest in this theme among the jurists, who tend to make vague and/or strictly rhetorical, often ordinary and imprecise, use of these words. In view of the non-admission of a theoretical substrate, the second chapter aims to fill this gap and explain possible assumptions of the common legal understanding about the relationship between reason and emotion, which was done through the analysis of the writings Phaedo, Seventh Letter and Republic, all authored by Plato, representative and influential of/in the Western tradition, as his philosophy remains, directly or indirectly, consciously or unconsciously, to a greater or lesser extent, linked to this understanding of reason, as far as possible from emotions. Fundamentally based on parts II and III of the Ethics, the third chapter aims to present Spinoza's philosophy of affects as another tradition, which opposes the common understanding of emotions as something contrary to the nature of human beings. Based on Spinoza, it is proposed that knowledge about the causes and properties of affects be considered as worthy of study as any other object of Law analysis. By modifying the premises of Law about the relationship between body and mind and, consequently, between reason and affects, one can consider another way of knowing (in) the Law.

COMMITTEE MEMBERS:
Presidente - 1640199 - DOUGLAS ANTONIO ROCHA PINHEIRO
Externo à Instituição - FRANCISCO DE GUIMARAENS - PUC - RJ
Interno - 2132953 - ISAAC COSTA REIS
Interna - 1021564 - MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE
Externo à Instituição - MARTONIO MONT ALVERNE BARRETO LIMA - UNIFOR