Theatrum philosophicum: o teatro filosófico de Foucault e o direito

Abstract

The present doctoral thesis in philosophy aims to analyze the Foucaultian concept of “philosophical theater”, an epistemic and heterotopic space of multiplicity, in order to rethink the law, from a new, diagonal, non-dogmatic dimension, closer to an artistic vision. The thesis aims to think Foucault's philosophy, not only related to an aesthetics of existence (self-care and parresia), but to a poetics (production, action, resistance, creation), since Foucault's work is considered by Deleuze as poetic. In this sense, the theme of parresia is approached, as it is related to self-care, the aesthetics of existence and the possibility of new modes of subjectification, of ethos, perhaps allowing the deactivation of biopower devices, since according to Foucault the first and last point of resistance to political power is the relationship of oneself to oneself. It is a criticism of law, in its predominant view in the Contemporary Age (20th and 21st century), but also bringing criticisms of its association with biopower, technique, and exacerbated formalism, phenomena that have occurred since modern times (i.e. since the 17th century), considering, therefore, the law associated with power relations (knowledgepower). It aimed to verify, based on Foucault, whether a critical alternative to law would be possible, a practice of a new law, and to verify the limits of such a postulation, if it would be possible not to be limited to just an idea of the image of law, but to bring about a new statute to it, raising alternatives in the form of a new law, after the deactivation of biopower´s devices coupled to it. It was also about critically observing the law in the Greek tragedy “Antigone”, related to the concepts of parresia, subjectivity and transgression, allowing through its intermediation the reinterpretation of classical Greek antiquity, drawing parallels with the contemporary conception of law. By doing so, it seeks to verify whether the law is still linked to elements that are traditionally associated with its foundation, such as proportionality, balance, justice and equity