“O processo”, de Franz Kafka à luz dos princípios constitucionais : uma análise jusliterária

Abstract

Bearing in mind that the Brazilian Federal Constitution is the founding law of the entire legal system and is permeated by procedural constitutional principles that support the Democratic State of Law under which it was conceived, the present work entitled, “The Process”, by Franz Kafka in the light of constitutional principles: a jusliterary analysis, aims to analyze the relationship between the constitutional principles of the Major Law through a literary bridge with the work “The Process”, by Franz Kafka. In the story, the character Josef K. is involved in a process in which he is detained without knowing why and given several sources of arbitrariness by the State. This time, the relationships that are established between law and literature will be analyzed in the first chapter, presenting aspects of the work “The Process”, by Franz Kafka, as well as considerations about the author. In the second chapter, the concept of principles and their foundation in the Democratic State of Law will be analyzed, in order to make a connection between the constitutional principles contained in Carta Maior with their absence in Kafka's text. In the third chapter, it will be scrutinized about aspects of "The Process" that demonstrated the lack of Access to Justice, so that the absence of the other principles previously highlighted in the text, made it difficult for the character to have access to the justice system, creating a authoritarian scenario. For that, the inductive research method, the qualitative research technique and the use of a bibliographical review were used, as well as constitutional provisions and international treaties. In this way, the Kafkanian work contributes to thinking about the importance of procedural constitutional principles, since their absence gives rise to an arbitrary legal system that usurps the guarantee of protection of the interests of the social body.