Em busca do olhar do vulnerável : a alteridade como fundamento para a práxis defensorial

Abstract

This research aims, through a bibliographical review, to escape the autopoietic dogmatism that characterizes the majority approach to the Public Defender System, to establish Levinasian alterity as a basis for criticism and deconstruction of the defender's praxis. The work is divided into three distinct and successive moments. Firstly, the research engages with the most direct philosophical predecessors, namely Edmund Husserl and Martin Heidegger. At this initial stage, the focus of the reflection is on intersubjectivity in the philosophical proposal of these authors. However, the understanding of the transcendental ego and existential analysis has, in parallel to the contextualizing intent, the assumption of a critical reading from Levinas' perspective. In this respect, the work 'Discovering Existence with Husserl and Heidegger' assumes a central role in this philosophical exegesis, positioning these authors as significant contributors to the construction of modern rationality. Subsequently, the research delves specifically into the thought of the Franco-Lithuanian philosopher. As a methodological approach, the presentation of the reflective subject to the ethical subject will gravitate around the central works 'Totalité et infini: essai sur l'extériorité' and 'Autrement qu'être ou au-delà de l'essence', with the occasional use of other works to facilitate the introduction to the philosopher's thought. In this chapter, Levinas's proposal will first be addressed in terms of the construction of ipseity, in a synthesis of Levinas's anthropology, up to the irruption of the Other, passing through the paradigmatic categories: necessity, Desire (Désir), proximity, revelation, Infinity, Enigma, Saying and Said, and the Face (Visage). Then, entering the so-called Last Levinas, the analysis moves on to the question of the presence of the Third and the dilemma of justice. After the philosophical steps indicated, interdisciplinary dialogue is reached in the third chapter. After reaching the ethical drama already in the presence of the Third Party, the entire debate on Levinas and modern rationality is brought into the context of the possibility of ethical-politics within state institutions. As a consequence of the philosophical evolution undertaken, the filter of Levinasian philosophy on defense praxis will be situated in two perspectives: on a phenomenological level, as a philosophical filter to denounce the limits and vices of the dynamic between the 'I-member' and the 'Vulnerable Other' as a cognitive relationship that is allergic to otherness; and, at a political-institutional level, as a parameter that establishes Levinasian thought as institutional ethics as a critical foundation for the ethos of defense. In this manner, the research seeks, within the theoretical framework presented, to deconstruct the prevailing rationality of institutional ethos, providing a filter that facilitates a diagnosis of the intelligibility and humanism upon which Public Defense System has been constructed.