A pessoa atravessa o espelho: (re)(des)construção ético-jurídica da identidade pessoal

Abstract

Personal identity is one of the Law foundations in the Western world. Nevertheless, it is assumed as a simple and/or evident juridically idea and they are rare the studies that inquiries this topic attending requirements of consistent theory and applicability. Simultaneously, the Law defines, under pretence of permanence, a series of personal characteristics, in an incompatible practice to the ethical-scientific speech developed in modernity. Under the assumptions of the man-individual rediscovery, formation of modern science and the secularism development, it is analysed the comprehension of personal identity, in an instant and over time, overpassing the formal logical meaning and the philosophical criteria of physical continuity and psychological. Therefore, there are presented notions of identity-belonging and personal identity in a networking, in a dynamic and diffuse process of identity formation. In the complex reflection between the other constitutes me and what I see myself living, the personal identity is established. In times when multiplicities of experiences are evidenced, to make choices implies denying a plenty of possibilities even than just for a moment. Also, in the surroundings, the attempts of standardization are following (beauty, behaviour, values, rights). In this way, autonomy choice and quest of self-recognition can be hard but part of the process of (re)(de)construction of personal identity, in which the Law has to make feasible the interlocution that the person will have possibility to affirm himself as he wishes.