MACHADO DE ASSIS, JURISTA: SUBSÍDIOS LITERÁRIOS PARA UMA REFLEXÃO JURÍDICA

Abstract

The article will address the theme of Law and Literature, delineating it from the methodological approach of law in literature. It will, therefore, focus on the life and work of Machado de Assis, aiming to reflect on how legal elements were present in his biography and how they influenced his productions. To achieve this, brief notes are made on the timeless relationship between law and literature, and a summary of what has come to be known as the Law and Literature Movement, a movement that initiated the systematization of this research area, demonstrating its investigative aspects and its reception within the national academia. Subsequently, the article discusses Machado de Assis from a biographical perspective, attempting to illustrate how legal elements were prevalent in his life and how the author assimilated them into his works. Next, the text "The Nurse" is selected to serve as a basis for legal analysis, seeking to demonstrate, through the narrative of the story and its legal context, the influence of the law - acquired by the author during his life - on his works. Among the many interpretation avenues, the analysis focuses on how the character's actions fit into what is known as "malicious conduct" in legal literature and criminal law. To achieve this, a theoretical review of "malice" and how it is codified in the Penal Code is conducted; finally, an attempt is made to use the story to illustrate and materialize the concept. The work will employ a qualitative approach through a deductive hypothetical method and a literature review in the field of Law and Literature.