Abstract

ANTUNES, Adriana Rodrigues  and  PASSOS, Maria Consuêlo. Reinventing the subject and judicial demand for recognition of rights. Estud. psicanal. [online]. 2012, n.38, pp. 15-22. ISSN 0100-3437.

This work was presented at the XIX Congress of the Círculo Brasileiro de Psicanálise and uses Winnicott’s concepts of cultural experience and creativity, proposing to bring psychoanalytical concepts closer to legal ones. It examines the decision of the Brazilian Supreme Court of Justice recognizing a daughter’s right to receive repair for her father's emotional distance. It is argued that filling the lawsuit, by the daughter, is in a transitional space established by law, exemplifying the subject’s action in culture and use of cultural symbols. The demand for legal protection of a right presupposes a redefinition by the subject of psychic pain and injury. Thus, the affections and emotions no longer lived exclusively in the private sphere and are redefined in order to integrate demand for a public recognition of a legal right.

Keywords : Transitionality; Lawsuit; Reinvention of the subject.

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