A structuralist analysis of the legal personality in Hans Kelsen

• Grant number: 16/19331-5
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: December 01, 2016
• End date: November 30, 2017
• Field of knowledge: Applied Social Sciences - Law - Theory of Law
• Principal Investigator: Orlando Villas Bôas Filho
• Grantee: Matheus Ribeiro Ferreira
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

My research proposes an investigation on the effects of the analysis of a legal institute using the anthropological structuralism of Claude Lévi-Strauss. For such an analysis, the research will take as object the "legal personality" as it is comprehended by Hans Kelsen in his Pure Theory of Law. The main objective of this investigation is to check the legal and philosophical possible implications of a structuralist analysis of Kelsen's concept about the "legal personality". This objective intends to be achieved through the following methods: (I) the identification of a possible structural homology able to make the transposition of the structuralist model, observing the implications that may arise as a result of the transposition in the field of semiotics; (II) to propose a model (structure) able to analyze Kelsen's concept of "legal personality"; (III) to show and to investigate the legal and philosophical implications that arise from the analysis of the object in the proposed model, as well as its limits. (AU)