A antígona de Sófocles e o problema da objeção de consciência religiosa: uma abordagem nussbaumniana

Abstract

The problem of this work is how the objection of religious conscience can be refounded by the practical philosophy of Martha C. Nussbaum, especially by her approach to the capacities and defense of a poetic justice. Letting ourselves be enlightened by the suggestions of Sophocles' Antigone, we will emphasize the potential that this conception of freedom of conscience has in the elaboration of an empathic judgment, capable of developing a non-normative model of justice. Aware, however, of the possible divergences and convergences of these approaches, a brief appreciation of such concepts was carried out, in order to demonstrate the relationship between the right of religious conscientious objection in Brazil and the frameworks of the approach of capacities and poetic justice in the Nussbaumnian molds. The main objective of the research is to evaluate the possibility of convergence of such theoretical-practical matrices, taking into account the historical, sociological and normative roots of each one of them. The method used was the narrative and the bibliographic analysis and decisions of the Federal Supreme Court on the matter, primarily, from a qualitative approach. The result obtained was the identification of a convergence between the two Nussbaumnian theoretical frameworks, making it possible to conceive a reinterpretation of religious conscientious objection not only as a fundamental right enshrined in the Brazilian legal system, but also as a human capacity to be developed from both empathic reflections of the Sophoclean text and as a contribution to the legal system in the solution of practical and tragic conflicts involving religious conscientious objection.