“O doador de memórias” à luz da cultura positivista: por uma nova forma de ver e aprender direito

Abstract

Literature and cinema, through narrative, help to interpret and justify reality. Law also uses this tool to interpret society and itself. In this line, this article seeks to relate cinema and law, proposing a non -traditional methodology of reflection on legal science. Thus, the following questions will be raised: in what way is it possible to relate Law and cinema from the movie "The Memories Giver"? How can legal positivism be identified and shaped in the light of this film? From this context, how does the chosen film and post-positivism overcome the pretension of neutrality? Initially, the central ideas from the film "The Giver of Memories" will be presented. Then, the concept of paradigm will be analyzed from the film, its relation with the Law, especially the positivist concept of Kelsenian law, and, finally, the overcoming of this notion by post-positivism.