O embate filosófico entre as noções de justiça e de legalidade

Abstract

The present work has as object of study to understand the question of justice against legality, as a classic problem, and still open, in the field of Philosophy of Law. We will show how these notions are opposed in distant and different cases such as Antigone and Cave Explorers, thus analyzing how man is sometimes at an impasse between being just or complying with the law. Methodology: To achieve the present objective, the integrative literature review or also known as bibliographic review was chosen as a method, being of the narrative type that is based on the structuring of a vast investigation on a certain topic that can collaborate through research analysis, in order to support future scientific work. Result and discussion: The story of Antigone, daughter of Oedipus and sister of Eteocles and Polynic, is a Greek tragedy in which the sister of the heirs realized that the conduct of uncle Creon, now king, was arbitrary, not obeying the oldest laws or divine in nature that they established that every man should have his own proper burial. In the case of cave explorers, it tells a story in which four defendants, members of the cave exploration community, were convicted of murdering a fifth member, Roger Wethmore, inside a limestone cave. Conclusion: The study also found that, in the case of the weighting of values, it was observed that life was sacrificed by a series of laws of a plurality of individuals, with the behavior being legally supported.