Psicopatologia fundamental e direito: a formação das convicções jurídicas

Abstract

The present study, supported by the position of Fundamental Psychopathology, is the result of an interdisciplinary effort and approaches Law and Psychoanalysis in an attempt to establish a dialogue between them. It is based on a disturbing case of a child sexual abuse, requiring the actions of both psy and law professionals. Having said that, this research aims to find out the likely effects that a legal case narrative fragment can have upon its readers and the experience of a therapist in a clinical case. This study also addresses the difficulties to have a professional role before the outrageous and the violence, considering what constitutes the human being and, consequently, his/her psychic life. This is the realm of pathos, whose effects are usually subjected to clinical intervention. One must enquire in what extent the law professional is exposed to the same material, and how that may affect him/her, in his/her working practices. It is precisely in this field , the incidence of pathos, that Fundamental Psychopathology, Law and Psychoanalysis may gather, enriching each other without leaving their specificity. As such discourses get closer, a new path is founded towards a psychopathology that is useful for the discussion about the formation of legal convictions