Estória, verdade e imagem: Cortázar e a prática judicial contemporânea

Abstract

The objective is to approach the images captured by the technical apparatus from a literary perspective, highlighting aspects of visual rhetoric that are essential for a better critical understanding of this type of evidence in the legal evidence field. The transition from the modern, scientific, objective and binary mentality to the postmodern mentality, focused on language, rhetoric and intersubjective knowledge has transformed our relationship with law. Thus, highlighting the aesthetic aspects of the legal phenomenon is a necessary introductory step to overcome the positivist and post-positivist thinking that still govern most of the theoretical studies of the main researchers in the area. Thinking the truth not as the correspondence between enunciation and reality, but as rhetorically justified enunciations opens up a new argumentative range for us to face the naive realism around visual evidence. Within this new perspective, we will be able, at the end, to analyze the story Las Babas del Diablo by Julio Cortázar. The work will serve as an empirical substrate for us to apply the theoretical concepts developed throughout the text. As it is a narrative object with a strong metafictional content, we can draw a parallel between aesthetics, rhetoric and visual evidence.