A hermenêutica fenomenológica das audiências de instrução e julgamento de famílias, sob o olhar da ética de Emmanuel Lévinas

Abstract

Understanding the Law by the phenomenological hermeneutics and under the gaze of ethics as the first philosophy, proposed by Emmanuel Lévinas, enables the construction of a Humanist Law. Ethics as a first philosophy brings to the Law the understanding of being derived from phenomenology. Lévinas in his work sought to understand the being, did not direct his studies to Legal Science, however he worked concepts of paramount importance to the Law, which allows his proposal of the phenomenology of the Face (or of otherness or affection) to legal situations. The family is treated by Lévinas as the first environment of the subject's construction – I. It is intended to demonstrate in this work that it is possible to build a Humanist Law, primate in ethics, specifically in the Law of Families and at the procedural moment evidentiary and judgment hearings, which as a rule are situated in a contentious demand. In these hearings, the judge is face-to-face with those who require him a response to a demand, which proves to be the impossibility of the family building their solutions in their fraternal environment. Based on Levinasian ethics, fraternity and welcoming are foundations of ethics and necessary for the implementation of this in the evidentiary and judgment hearings. Ethics as a presence, openness, primacy of the Self, fraternity and vigilance is necessary for the law and an integral part of a Humanist Law.