Por uma genealogia da justiça trágica: o direito e a justiça na idade trágica dos gregos a partir do perspectivismo de Friedrich Nietzsche

Abstract

This research aims to undertake a Genealogy of Right and Justice in conjunction with the Perspectivism of Friedrich Nietzsche, trying to stablish, from the viewpoint of his criticism of Knowledge and Truth, what could be called a Tragic Justice. In this unique philosophical thought, commonly neglected by the Philosophy of Law, the question of Justice emerges with immense vigor and vitality. Methodologically, the research is structured in four parts. The first is a conceptual one, which presents some preliminary problems of interpretation concerning the work and thought of the philosopher. Soon after, extensive research on studies that correlate the philosophy of Nietzsche with the Right and Philosophy of Law is presented. After that, still in the first part, two of the most basic concepts of the Nietzschean critique are be analized: the Perspectivismand Genealogy of Values. Once established the conceptual basis, we will start to use the genealogical procedure, focusing Right and Justice, comming to the conclusion that there is not a metaphysical foundation in any of the two, but merely a relation of power too human. The distinctive character that sets them apart will be found in the balance of powers that characterizes the just, in order to avoid the resentment and waste of vital forces.In the tird part, we take uppon a perquisition of the idea of Tragic Justice in Nietzche´s Works, using as Ariadne's thread the philosopher´s ideas about the tragic age of the Greeks. Finally, in the fourth and last part, we return to the ideas exposed previously to synthetically present what would be the twilight of Justice in the West and the need for a new Justice for Nietzsche.