Jurisprudência expressionista de direitos

uma perspectiva deleuziana

Abstract

This research investigated the meanings of Deleuze's paradoxical statement, made in some interviews in Conversations and The L'Abécédaire by Gilles Deleuze, that it is not the law, nor Human Rights that create the Law, but jurisprudence. The investigation considered the path of encounter relations between macro and micropolitics, in which the vertigo of law is expressed, not conditioned to the space of the molar segmentation of the State and its legislative agents and judges, but taking into account the molecular dimension, by the actions of users of the right. This allowed us to elaborate the following thesis: the notion of jurisprudence as a creator of rights can be conceived from a surface expressionist perspective as a linguistic, ethical and political competence that, via experimentation, is capable of creating rights through the criterion of life, different, therefore, from a technical or jurisdictional device, with an interpretative function of the law by justice operators. In short: what is expressed as law cannot be explained or represented separately from the act itself in which it is expressed in its constitution process, on the surface of social and political relations, through which life is expressed.