Tereza Batista e Eva Luna: diálogo jusliterário sobre o desamparo jurídico-estatal de mulheres marginalizadas em sociedades latino-americanas

Abstract

Studies on the relationship between law and literary texts have been intensifying in recent decades. Research of this nature has been unfolding and gaining space in academic centers. Per such perspective, this thesis establishes a comparison between law and literature, through the novels Tereza Batista Cansada de Guerra (1972), by the Brazilian writer Jorge Amado, and Eva Luna (1987), by the Chilean author Isabel Allende. It aims to show the literary text as an alternative discursive medium to present and to problematize socio-legal situations, specifically regarding to marginalized, subaltern and excluded women in different Latin American societies. The research also highlights the importance of literature as a vehicle, capable of breaking the prejudicial patriarchal discourse and socio-juridical tradition. It also is a means to promote social and political critical awareness. Amado‟s and Allende‟s narratives are literary documents that critically outline sexist legal systems and show the negligent state-legal power in offering protection and assistance to vulnerable and helpless women - a social group that has long been discredited and silenced in most societies. The research adopts the comparative method and, in consonance with the proposed objectives, it brings as theoretical contributions, among others, critics such as Antonio Candido, Antoine Compagnom, Earl E. Fitz, François Ost, Carol Smart, Henry Remak and Susan Bassnett. The books allow a legal debate on women‟s exploitation and helplessness - paternal and juridical-state – liberty deprivation and the struggle for survival. Besides, they present convergent and divergent points related to the experiences lived by the protagonists, Tereza Batista and Eva Luna.