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Cadernos de psicanálise (Rio de Janeiro)

On-line version ISSN 1413-6295

Abstract

GOMES, Maíra Marchi  and  AGUIAR, Fernando. About subject of law and subject of psychoanalysis. Cad. psicanal. [online]. 2018, vol.40, n.39, pp. 191-212. ISSN 1413-6295.

It's considered that the psychoanalytic concept of unconscious assists Law in reaching its historical challenge of being a practice of justice. In other words, so that Law addresses eminently to the assurance of rights, and not to the imposition of duties. Law and Psychoanalysis dialogue from their concepts of subject, initially distinguishing where these fields of knowledge epistemologically are drawn near or pulled away. In this direction, the lessons from psychoanalysis about the subjectivity of one who commits a crime, for instance, alert us that repression is not what allows the inscription of alterity, and that responsibilization is not obtained through blame. Restorative Justice offers greater dialogue perspective between Law and Psychoanalysis.

Keywords : Subject; Psychoanalysis; Law; Responsibility; Blame.

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