Um ensaio sobre o poder na Modernidade

Análise sobre a lógica classista do Direito à luz de diálogos presentes na obra - O Processo - de Franz Kafka

Abstract

This research based literary work The Process of Franz Kafka like a mechanism to provocate and guiding a critical the law partiality the have been built in the constitutional modernity. This investigation starts in a contextualization between literary work and the law that was built in the modernity, after comprehended this relationship, the investigation moves to the rupture process that happened in bourgeois revolutions that to finished the Old Regime and starts the bourgeois politic power. Understanding these processes, the analyze goes to comprehension to diffusion process of bourgeois ideal how a universal ideal and how this ideal has been influenced the law, it's partiality and it's false neutrality. It was surpassed that historically and social elements that ruptured with the Old Regime and formatted the constitutional modernity , the research starts an analyze of selected dialogues from literary work to observate the parciality, the classism and the bourgeois’ ideology in the law and in the society’s relationship. That observation can make think about the false neutrality of law, about the role of state, and how the society organize the power, the social relationship and the law in the contemporaneity. This research was developed based a historical-critical methodology and based on the bibliographic research technique.