Abstract
Este artigo tem por objetivo analisar os direitos das mulheres no contexto brasileiro, principalmente, seus direitos reprodutivos. Para atingir esse propósito, o artigo por meio da combinação entre Direito, Filosofia e Literatura tenta repensar por que as mulheres não possuem voz quando decisões sobre seus direitos são tomadas? Metodologicamente, utiliza-se de revisão bibliográfica, a partir da obra "O conto da Aia", escrita por Margaret Atwood (2006) e os conceitos de "homo sacer" e estado de exceção desenvolvidos pelo filósofo Giorgio Agamben (2004; 2007) para ilustrar como as narrativas de vida podem promover os direitos humanos.
Highlights
Nowadays, Brazilian society has been living stranger days, mainly, for women
The article used the reality illustrated in the novel The Handmaid’s Tale, wrote by Margaret Atwood (2002) to try rethinking this Brazilian moment connecting reality and fiction. This analyses it is supported by the concepts of Homo sacer and state of exception developed by the philosopher Giorgio Agamben (1998; 2005), which will provide a unique reflection about how in the Rule of Law it is possible that human rights remain only in the paper without effectiveness. Before analyzed how this fictional and dystopian autobiographical novel relates to the theory of state of exception, especially that one constructed by the Italian philosopher Giorgio Agamben, it will be necessary that first we present and understand how life-narratives, as a literary genre, contribute to the promotion and defense of human rights, premise defended by Meg Jensen and Margaretta Jolly (2014)
It will be possible to show t the dangers already visible in the current Brazilian and USA context that are quite similar with the reality exposed in the novel The Handmaid’s Tale, where we have an illustration of a configuration of an undeclared state of exception, which suspended a lot of women’s rights, making possible that all juridical system constructed along of all these years about the protection of women body can be destroyed in a few years
Summary
Brazilian society has been living stranger days, mainly, for women. The Brazilian first female president was impeached in a controversial process. Before analyzed how this fictional and dystopian autobiographical novel relates to the theory of state of exception, especially that one constructed by the Italian philosopher Giorgio Agamben, it will be necessary that first we present and understand how life-narratives, as a literary genre, contribute to the promotion and defense of human rights, premise defended by Meg Jensen and Margaretta Jolly (2014) Once this relationship has been elucidated, the agambenian theories about Homo sacer, biopolitics and state of exception which will be presented with the intention of supporting this debate, it is time to showed some aspects and elements from the novel The Handmaid’s Tale that can be used to make some reflections about the violation on women’s rights in Brazilian society, especially, the reproductive one. It will be possible to show t the dangers already visible in the current Brazilian and USA context that are quite similar with the reality exposed in the novel The Handmaid’s Tale, where we have an illustration of a configuration of an undeclared state of exception, which suspended a lot of women’s rights, making possible that all juridical system constructed along of all these years about the protection of women body can be destroyed in a few years
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