O caos orwelliano de 1984 como paradigma indesejável: uma análise sobre Direito e distopia

Abstract

This work delineates as its purpose the criticism and the questioning of the Law and the legal systems as well as their presupposition of existence. I.e., from the premise that the normative structure of a society aims at – or at least it should – preserving and protecting the human being according to a generalist perspective, the elaboration of a critique related to the courses evidenced in the majority of the States contemplated by a democratic normative structure is perfectly feasible. It is therefore sought to point out aspects more precisely, even in a superficial approach, according to which the Law, while structuring legal systems that objectify, above other things, the maximum appreciation of the human beings, has however been heading towards a dehumanisation of its institutions and objectives. The dystopian and therefore tragic society portrayed by George Orwell in 1984 will play the role of a paradigmatic outline, precisely, of the most extreme result wished to be prevented. It is about an analysis that pervades conceptualisations of the Law by jurists and philosophers since the Antiquity up to the Contemporaneity, that are confronted to situations extracted from both the literature and the empirical world, objectifying the characterisation of the necessity to destine the implemented Law further more to the preservation of the human being than to any other custom which dehumanises it.