Ruptura de campo e direito: aplicação do método psicanalítico de Fabio Herrmann às Consultas Públicas para reformulação da lei de direitos autorais; a cópia privada (art.46, II, Lei 9.610/98)

Abstract

The project is part of the research program begun in 2010 that includes the epistemological and methodological debate on discourses that produce and reproduce knowledge of law. At this stage, the research assumes methodological nature, in that, as of contradictions observed in the first stage of the project aims to promote an experience with the psychoanalytic method as a means of understanding reality on right. Thus, the space-time approach used corresponds to the public consultation framework on the reform of copyright law, precisely on the subject of private copying, reflected in art. 46, II of the current Law nº 9.610 / 98. The objective of the research is to describe the regularities of the enunciate that determine the reality on right from the binomial law and society, central to the emerging reform justifications of the Executive. Experience as a theoretical paradigm Theory of Fields, the Brazilian Fabio Herrmann Psychoanalyst. To achieve the project, called the demonstrations were collected by the Ministry of Culture (MINC), "civil society", materialized in specific website developed by the Ministry of Culture and forms in text file. From a problem found when mobilizing structuralist qualitative analysis, the results obtained by applying the psychoanalytic method to the integrated right to offer everyday mind, the researcher, new theme of reflection routes. This is because decoupling real and reality, it was found, in relation to the "civil society", that the construction of discourses on right next to the senses on the subject, coexist according to the manifest wishes by the employee. Thus, starting from the completion of the subjective condition that involves the right of speech build process (specifically on copyright and private copying), we observed the inconsistency to think the complexity of social relations from nomothetic units. It means that, remove the subjective element - the human-social theories, like the structuralism, we try to keep the deductive and inductive quality of positivism, in the search for control of contingency. However, before the undissociated between real and reality, that is, between conscious and "unconscious", we note that the construction of collective identities, as the subject of law, of precisely the naturalized reproduction and cumulative representations based on knowledge produced under the idea of ​​society and law as self-contained units. One reason is the perspective that gives the academic environment legitimate area of ​​translation and interpretation of the law. Consequently, it is this space that determines the appointments of categories and identities in exclusively legal paradigm, which is why the state of demand figure, at all times of legislative review, an approximation of "academic" and "lawyers". Question the quality of relationships from a different methodological approach, offers the researcher the right and the law as a discipline alternative reflection of the functional instrument of law theories, but especially in zetéticos work, allows us to question how positivist yet we are, in spite of theories allegedly criticism.