Modalidades de justiça em Emmanuel Levinas: a ética da responsabilidade no direito contemporâneo

Abstract

The Work sought to investigate Levinsian ethics as an alternative to legal practice based on ontology, the latter a characteristic of the Science of Law, instrumentalized by Politics, and which has, especially after liberalism, served to categorize humans in hierarchical social structures, denying, in some legislative aspects, the otherness of these vulnerable. In the course of Philosophy and Law, the issue of justice has always been present. It is hard work to establish the "line" the criterion that highlights the distinction between justice and injustice, regardless of the type of thought proposed. It is difficult because justice is not a given in itself. The certainty of justice or injustice emerges from the examination of the act, which is contextually involved in values/principles and finalistic aspects that make up the content of the said "line". The understanding of justice in Levinas goes through the evidence of an inequality in genesis, an intersubjective dyssymmetry that ends up noting the need to be previously responsible for the other, with this posture being the indispensability of justice. Therefore, the notion of justice in Levinas is founded from the notion of responsibility. In Levinas, justice is not a matter of functional effectiveness of the city, or of just measure of virtues; it is not an eminently practical problem of jurisdictional doing, but rather an ethical-moral doing due in any system of thought, whose basis is the unsubmissive otherness to ontology and this insubmission is based on the notion of Infinite and the Face, a safe path for responsibility in the relationship of otherness, as a counterpoint to intersubjective dissymmetry. In contrast, it follows the so-called modernity in which the human and his capacity for knowledge are the criteria of determination of the other and the Others, which encompasses the understanding of the just, expressed in legal norms, as a sovereign will placed in the law of Being and Duty.