Localized re-definition of legal justice: the feminine of the south in the early constitutional transition and its practice by the Consumer Protection Office of the MPDFT-Brasilia-Brazil - a framework for cross-border disputes in EC Consumer Law and policy

摘要

This thesis presents an alternative reading of law as a way to settleudconflicts and dispense justice through the eyes of the feminine and their ethics ofudcare as elaborated by Carol Gilligan. An elective articulation between culturaludfeminism and postmodern ethics has been defended rather than coincidence. It showsudthe aporias of modernity through the reading of postmodernity, especially theudundeniable exigencies of Levinas’ ethics of alterity and the reading done by Derridaudof Benjamin’s characterization of law as violence. The challenges of postmodernityudin those respects remain and then the findings of Gilligan’s different voice areudarticulated to offer a possible Aufhebung . No coincidence is defended but a properudarticulation is defended. This thesis defends a reconceptualisation of justice as audfeminine virtue within a postmodern paradigm of law and its rematerialization andudreflexiveness as well the advancement of Relational Contract Theory and Need-udOriented Contact Theory. It explores early practices of Consumer Protection Officeudof MPDFT-Brasilia-Brazil which were responding to a transition constitutionaludsituation after the redemocratization of the country and were an institutional lostudparadigm of justice as a feminine virtue. The desired outcome is to identify audpossible framework for justice as care, considering a manifold diagnosed gap inudconsumer justice in the EC.