Uma análise sobre sensibilidade jurídica: as bases culturais do direito em perspectiva

Abstract

This work analyzes law as a cultural phenomenon and a form of "local knowledge," introducing the concept of "legal sensibility" as an analytical tool to understand the cultural 2 foundations of justice systems. Delving into the debate between legal evolutionism and cultural relativism, the research traces the genealogy of the Roman-Germanic tradition, from the rediscovery of Roman Law and the scholastic method in medieval Europe, arguing that this historical heritage formed the matrix of Brazilian legal thought. The study then demonstrates how Roberto Kant de Lima operationalizes this concept by contrasting the consensual "adversarial logic" with the "logic of the contradictory," which stems from an inquisitorial matrix and structures the national system. This distinction is illustrated by a comparative analysis of the Jury Court: while the North American trial by jury is based on the collective construction of truth, the Brazilian model, by prohibiting deliberation among jurors, reveals its hierarchical essence, reaffirming the state's monopoly on authority and the role of expert knowledge in conflict resolution.