Rashomon: a percepção e a construção da norma do caso concreto

Abstract

Abstract : The Japanese movie Rashomon (1969) portrays the story of a crime of rape of a woman, followed by the murder of her husband, a samurai, from the perspective of four different people. The completely contradictory versions perfectly illustrate the influence of perception in the construction of the “statement of the fact”, which is the product of the perception of a subject about the “fact” that occurs in the phenomenal world. Interference and influences that reflects on the perception, brings the issue regarding the pursuit of the real truth, especially in the legal field, in the application of the rule to the case in which the judge receives a fact through narratives, often divergent, based on different perceptions. From an illustrative analysis of the cinematographic work Rashomon, this study aimed to analyze issues related to the realization of rights by applying the legal rule to specific cases in order to approach the real truth, considering that the elements of the case are based on perceptions. Keywords : Rashomon. Perception. Statement fact. Application of the legal rules. Realization of rights.