Os juízes de South Park: um estudo analógico entre sua tragicomédia e a imagem jenga do direito

Abstract

The present work, starting from a pragmatic and postmodern perspective (that is, result oriented and beyond conventional or Cartesian rationality), has the general objective of understanding the legal structure as it is submerged in the ocean of plural society, in which it is indiscriminately influenced by the different discursive currents and, although it is transformed indefinitely over time, it remains operative insofar as it supports the social context without losing its identity. That said, given the tragicomic influence of both situations and characters from the South Park animated series (aligned with reflections on theories of recognition and the deconstructive content present in some variations of the Law and Literature movement), the most accurate image for Law would be the of an amorphous structure that is transformed over time, influenced as it is by the context’s ability to change. In order to do so, the artistic-narrative image of a Jenga game emerges, which is capable of touching many of the main legal characteristics that need to be worked on, such as: [1] the issue of the contingency of Law; [2] the existence (or not) of a transversal rationality internal to the legal field; [3] the possibility of developing some adjudicative ethical virtues that would help the judge in meeting the nuances of the particular and; [4] the nature of justice, being itself also immersed in the contemporary plural universe.