A PRODUÇÃO DO FEIO E DO INJUSTO NO DISCURSO JURÍDICO

Abstract

This article investigates how the category of "ugliness" is produced and operationalized by legal discourse as a technology of social exclusion. Drawing from the philosophical traditions of Kemet and classical Greece, it analyzes the modern rupture that converted injustice into an aesthetic and biopolitical "abnormality." The study employs Michel Foucault’s archaeology to unveil how the penal system manufactures "deviance" as a statement of control and aesthetic purification of the ungovernable body. In contrast, it resorts to Paul Ricoeur’s hermeneutics to propose narrative identity as a path of resistance, capable of piercing through the stigma of abnormality and restoring the subject’s dignity and horizon of possibilities. It concludes that overcoming the aesthetics of exclusion requires Law to abandon the branding of bodies and adopt a hermeneutics of life, transforming stigma into narrative and deviance into belonging.