Entre o direito e a desobediência : uma fundamentação ético-política da práxis contestatória

Abstract

This study seeks to problematize the issue of disobedience and its conceptual apparatus from the perspective of obedience. The objective is to critically demonstrate that the republican/liberal tradition - the foundation of civil disobedience - presents aspects that delegitimize the use of this concept to confront the injustices and challenges of the modes of life manifest in the contemporary context. In this way, the problem of disobedience is first examined through a legal-philosophical lens by interweaving the concepts of freedom, authority, legitimacy, legality, and citizenship, thereby deepening the concept of civil disobedience proposed by the republican/liberal tradition. Subsequently, the insufficiency of this concept is critically highlighted through the example of Antigone in the Sophoclean play and through Groszian thought. Finally, a new formulation for the concept of disobedience is proposed, one that is capable of legitimately affirming the ethical-political condition of the citizen-subject and of underpinning an ethics of disobedience capable of accounting for an existential aesthetic of self-care and care for others.