Assumptions and risks of a dystopian constitutionalism: reflections based on Philip K. Dick

• Autor(a) principal: Pinheiro, Douglas Antônio Rocha
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Anamorphosis (Porto Alegre)
• Texto Completo: https://periodicos.rdl.org.br/anamps/article/view/638
• topic: dystopia; constitutionalism; paranoia; temporality; consequentialism; Distopia; constitucionalismo; paranoia; temporalidade; consequencialismo

This article is based on the Law and Literature methodology. It analyzes the shortage of contemporary utopian narratives. The object of analysis are the characteristics of constitutionalism in light of literary categories from dystopian literature – especially regarding Philip K. Dick’s Minority Report. Thus, this paper examines to what extent the contemporary paranoia – both subjective and systemic – has strengthened court decisions based on pretentious illicit conspirations, as well as institutional solutions justified by the prospective use of automated processes, supposedly neutral and efficient. This paper also discusses the incorporation of a certain time paradigm of contemporary cultures, which is linear and unidirectional, with a rigid differentiation between past, present and future. Such conception creates temporal ghettos, besides imposing a dominant social rhythm that frustrates the very protective trait of constitutionalism, regarding the life projects of vulnerable minorities. Thus, this work reflects upon the fragility of the argumentative integrity seen in certain judicial sentences which are justified by consequentialist lines of thought, and which, by projecting future catastrophic effects for possible decisions, end up legitimizing opposite outcomes. In conclusion, the need for overcoming fear as the fundamental feeling in the social, institutional power is discussed.