Levando os direitos a sério: a necessidade da fundamentação das decisões a partir de Antígona

Abstract

This work sought to work with the relationship between law and literature, since the case in question for the discussion also presents itself as a Greek tragedy. For this, we sought in mythology, tragedy and Antigone examples that could enrich the question of justice, reasoned decisions, law and morals that permeate the legal phenomenon. The research also aims to reflect on several elements that deserve to be discussed, such as: should decisions be substantiated? Is it possible to ensure that there is a correct answer in law for difficult cases? In this way, the work from a critical hermeneutic approach with authors such as Lenio Streck to an approach to the theory of Law, with Hans Kelsen, sought to reflect on the case, through the bibliographic method. Thus, using Antigone, it takes the opportunity to approach Ronald Dworkin's theories on Law, and to develop from the myth what can be thought of as political morality, discretion, integrity, civil obedience and the search for a correct answer.