Aproximação entre literatura e direito : uma análise literário-jurídica do romance Dom Quixote, de Miguel de Cervantes

• Ano de defesa: 2025
• Autor(a) principal: Stieven, Tiago Miguel
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade de Passo Fundo; Brasil; UPF; Programa de Pós-Graduação em Letras; Instituto de Humanidades, Ciências, Educação e Criatividade
• Palavras-chave em Português: Direito e literatura; Abordagem interdisciplinar do conhecimento; Lingüística, Letras e Artes::Letras
• Link de acesso: https://repositorio.upf.br/handle/123456789/9614

This research explores the intersection between Literature and Law, examining both their theoretical foundations and observable manifestations in the novel genre. It is posited that this intersection provides a renewed perspective on the legal phenomenon. The thesis defended is that Literature, by addressing legal questions, can serve as a source for Law, contributing to its humanization by highlighting the multiple ways of narrating a story. This relationship, fostered by Literature, allows Law to preserve its integrity by remaining sensitive to human experiences. The general objective is to identify and analyze how the relationship between Literature and Law is established in their theoretical foundations and how this interaction is expressed in the content and structure of the novel Don Quixote (Part I: 1605; Part II: 1616) by Miguel de Cervantes (1547–1616). To achieve this objective, the following theoretical frameworks are utilized: for the delineation of the Law and Literature movement and its establishment as a field of study, the works of Luhmann (1996), White (1985), Posner (2007), and Ost (2005) are consulted; for contextualizing the legal framework of the period when Don Quixote was written, the chivalric code of conduct, and the life and work of Miguel de Cervantes, the studies of Llull (2000), Canavaggio (2005), and Elias (1990) are used; for analyzing the novel, particularly regarding the development of the novelistic form and the realization of the concepts of reality, fiction, and imagination, the contributions of Lukács (2000), Watt (1990), Moretti (2007), Iser (1996, 2013), Auerbach (2001), and Costa Lima (2009) are employed; finally, for identifying and analyzing the presence of legal phenomena and their ramifications in the fictional space of the novel, the perspectives of Dworkin (2000), Gadamer (2005), and Robles (2005) are adopted. The methodology is exploratory and bibliographic, conducted through content analysis. The qualitative approach aims to construct knowledge about the relationship between Literature and Law. The research corpus is the novel Don Quixote (Part I: 1605; Part II: 1616) by Miguel de Cervantes. The main result highlights that Literature can contribute to a deeper understanding of the legal phenomenon and, consequently, to the humanization of legal practitioners. Finally, the study promotes the development of pedagogical practices based on Literature that provide new perspectives for legal education, focusing on the understanding of society in its human dimension.