Direito, poder simbólico e literatura: uma leitura kafkiana do campo jurídico e sua relação com o saber e poder fabricados nas relações jurídicas que impedem o acesso à justiça

Abstract

It is known that in Franz Kafka's work The Trial power relations in the legal field are produced in such a way as to make it difficult for the main character to have access to justice, an ordinary matter for those who resort the judiciary have to face nowadays. Therefore, the legal relations presented in the narrative are manufactured by a discourse of power and domination. The present work intends to analyze, based on The Trial, the power and knowledge in the legal relations that prevent access to justice. For that, the issue of access to justice is presented from Cappelletti`s perspective. Also, it is identified the power games that outline the legal field nowadays and the relation between “lay people” and legal professionals. And, finally, it is observed how The Trial addresses issues related to access to justice and power relationships in the legal field that permeate what society currently expresses. Thus, the hypothetical-deductive method is used, as it is an exploratory research, with a bibliographic research on the subject, and mainly using studies by Pierre Bourdieu and Mauro Cappelletti about the theme. So, this study proved to be important because, when analyzing such power and knowledge relations from a Kafkaesque perspective, raising questions about the arbitrariness in the application of certain speeches and about access to justice, it was sought to contribute to the sociological field, legal researches and literary students who study such topic. It is verified, then, that the legal relations presented in the plot in question are permeated by a discourse of power and segregation of those who are not part of the legal field, making access to justice difficult for them.