A unidade pluridimensional da sentença judicial

uma análise do instituto a partir da filosofia de Jean-Paul Sartre

Abstract

Taking into account the comprehension that the study of law should not be intended just the legitimation of order, but, rather, the investigation of its function in the social context and in the historical reality, this work aims, from the philosophy of Jean-Paul Sartre, to reflect upon the most important judicial pronouncement, the sentence, as a pluridimensional unit, endowed with multiple meanings. Through the analysis of Sartre’s theory about human consciousness, phenomenological ontology, and the heuristic method presented by the philosopher as an attempt to approximate existentialism and Marxism, this work proposes to reconstruct the idea of ​​the “must be” as an expression of the pure positivity of the law and the judicial sentence as an instrument that, inevitably, carries within itself the abstract meaning of the expression of capital and of order maintenance tool.