Compulsory Ligation: analysis of the transdisciplinarity of the "Janaína Case" from the ethnographic study conducted by Paula Miráglia

Abstract

It is the object of this study to study the "Janaína case", decided by the Judiciary of the State of São Paulo, which in the first degree of jurisdiction determined the compulsory sterilization of a woman living in the street and in a condition of vulnerability. After the measure was implemented, the appeal against the decision was approved. The problem question proposed was the following: was it possible to construct dialogically, multidimensional and transdisciplinary of the final provision of merit, specifically because it is a question of involving a person in a situation of vulnerability? Through ethnographic studies carried out from the work of Paula Miráglia, it was verified that in the present case the magistrate and the representative of the Public Prosecution Service, in the first degree of jurisdiction, decided the merit of the claim based on strictly technical legal arguments, based on a priori, hypothetical judgments and in a model of autocratic jurisdiction, founded on judicial protagonism. Janaína's right to participate effectively in the construction of the procedural merit was not assured, assuming the role of mere adjutant, since the technical-psychological report was produced only to justify presumptively the autocratic decision taken in the first degree of jurisdiction. Through the bibliographical and documentary research, thematic, theoretical, interpretative and critical analyzes, it was concluded that the transdisciplinary view of the controversial points of the demand guarantees the democratic and participative formation of the merit, as well as the protection of the fundamental rights of people in situations of vulnerability.