Direito e derrelição: o papel do mecanismo jurídico no abandono do sujeito humano

Abstract

The present dissertation has as it’s object the ontological analysis of the abandonment characteristic of the human subject and his relation with the Law, so that, the general objective of such scientific construction is to investigate the influence of Law in the process of human thrownness. In this context, we seek to identify the conceptions of being as a starting point for the perception of the concept of human abandonment, following the act of analyzing the onto-substantial characterization of Law and it’s relationship with the process of the human subject's thrownness, as well as understand the abandonment of being by the Law and it’s consequent performance as an instrument of people regulation. Thus, the perspective of abandonment presented here intends to start from a philosophical approach about what the human abandonment process represents, so that a relationship can be drawn with the legal perspective of what is thrownness. In this sense, human thrownness is understood as the abandonment of being, of which Law itself has part, insofar as it takes on the aspect of regulating human life. To survey such an investigation, as it is a theoretical contribution, as a technique, a literature review is adopted, with a documentary character, so that it arises from a basis constructed by the texts of the Classical Philosophy of Plato and Aristotle and the Theory of Law, with the works of Lionel Hart and Kelsen, still with the intention of approaching a Political Theory. The aim is to focus on the abandonment of the being in the split sociability, that is, the situation of human helplessness by the Law itself, a tool for the human individual, resulting from the valorization of the world of things and the devaluation of the human world.