Direito e Literatura - Contributos sobre Justiça à luz de O Processo, de Kafka

Abstract

This article proposes an interdisciplinary analysis between law and literature, exploring the threefold perspective of law as technique, science, and art. We focus on Franz Kafka’s The Trial to examine the underlying legal meaning within the narrative. The study highlights the importance of literature in understanding law, involving legislative issues, narratology and legal interpretation. In this context, we address literature’s significant contribution to enhancing the critical thinking and analytical capacity of legal professionals regarding legal realities. The article is structured into five chapters, starting with a synthesis of Kafka’s work and an analysis of its legal significance, followed by preliminary issues, and concluding with a reflection on legal-philosophical themes such as the status of the defendant, the paradox of freedom, and the sense of justice. This interdisciplinary approach aims to contribute to a broader understanding of law by integrating literary elements, expanding the traditional boundaries of knowledge and legal interpretation.