Direito e norma disciplinar em Michel Foucault

Abstract

The present work intends to present an analysis of contemporary law from the notion of disciplinary norm present in the work of the French philosopher Michel Foucault. It has as a cut the problematization of the criminal as abnormal. This is a bibliographical research, which follows the thinker's genealogical method, which consists of a historical investigation of the conditions of constitution of the power-know-subject tripod. The philosopher's published book “Vigiar e Punir” is used mainly to follow the path of the birth of a disciplinary-normalizing power, where the judicial forms of punishment change from torture to a temporal and spatial control of bodies, making them useful and docile, in prison; and also the book “Os anormais”, which traces the path of the criminal as a descendant of the legal-natural monster, referenced to a norm that locates him as abnormal. One arrives at the idea of a disciplinary-normalizing modern law, where the judiciary was colonized by the normalization processes, having as an element the norm, understood as a comparative principle that separates the normal and the abnormal. It was also concluded that the criminal, read as abnormal, has multiple and diverse forms of life, standardized in the disciplinary norm that tends towards the unitary and homogeneous. One could think of a critical law to disciplinary-normalizing forms of subjectivation, so as to enable a greater variety of ways of being.