A CARNAVALIZAÇÃO DO DIREITO COMO CHAVE DE UMA DAS PORTAS DE SAÍDA DA CASA VERDE/ The Right staged as a Carnival

Abstract

Literature, like a glass, enables one to see reality from another perspective.
The present article will analyze the legal context from the short story
“The Alienist”, by the Brazilian writer Machado de Assis, first published in
1882. It is intended to problematize the way of producing law, denouncing
Common Sense Theoretician of the Jurists and the enclosure of the Right
by the dominant paradigm, using the metaphors of that literary work.
Obviously, following in the footsteps of Luiz Alberto Warat and in his inspiration
in Bakhtinian thought point to the Carnavalization of law as a possible alternative. The method used was the dialectic, placing two distinct universes, literature and law side by side, in order to promote dialogue between these worlds. Thus, the work was structured in two chapters, the first one aimed at a properly literary understanding and the second making the convergence of Machadian literature to law.