Michel de Certeau e as microressistências do herói comum: uma possibilidade de compreender o cotidiano no direito a partir do murmúrio da sociedade

Abstract

This article analyzes, through the bibliographic review, the possibility of using Michel de Certeau's theory of everyday practices in legal researches as a theoretical foundation and methodological approach. From the understanding of the law as a cultural product and the categories of analysis proposed by Certeau, we identified the legal order as belonging to the strategies, as it presents itself as a space of discipline; Already in the shares of the anonymous crowd, which opens spaces of microresistances and microliberties within the legal system, but, without breaking with it, we identify the tactics. Thus, this theory proved to be a relevant theoretical basis for the analysis of the social effectiveness of legal norms, because it allows comprehensions based on the practices of daily resistances of the consumer of the legal system, especially in the centers urban. In the methodological aspect, this theory allows the researcher to know the interior of the research field. We conclude that it is advantageous to use the theory of the quotidians both as a theoretical foundation, as a methodological approach in legal researches