THE MINOR, THE INSANE AND THE DISHONEST WOMAN: SUBJECTIVATION AND PUNISHMENT IN THE JUSTICE SYSTEM

Abstract

The article aims to analyze the performance
of the Judiciary in three different legal
situations – the establishment of a curfew
for children and adolescents through Judicial
Ordinances; the compulsory hospitalization
of drug addicts and the judgment of legal
cases of rape – verifying the meanings of
morality, normality and punishment present
in the Justice System in each of these cases.
In this sense, it seeks to identify the process
of construction of subjectivities related to
the situations described – the “minor”, the
“insane” and the “dishonest woman” –,
verifying in which aspects they differ from the
legislation currently in force in the country.
The work was carried out from the analysis of
legislative documents - Federal Constitution,
Statute of the Child and Adolescent, Law nº
10.216/2001, among others - and from the
bibliographical research, highlighting, in the
case of the latter, the concepts worked by
Michel Foucault in Your works.
KEYWORDS: Judicial power. Curfew.
Compulsory hospitalization. Rape.
Subjectivation. Michel Foucault.