THE PARTIALITY AS A DEMAND TO A HERMENEUTIC OF HUMAN RIGHTS AND ITS RELATION WITH LAW AS A DESIRING INSTITUTION

This work develops the concept of Law based on the lacanian theory over desire, associating it to the necessary posture of partiality regarding Human Rights, which act as conduit of the society desiring influx towards instauration of freedom, equality and fraternity precepts. For this purpose, we initially discuss Law as the institute of lacanian desire, referencing mostly Slavoj Zizek’s concepts. Hereupon, we introduce the normative jushumanism theory and how Human Rights fit as essential source of judicial decisions in concrete cases. Finally, we conclude that, Law has no direct connection with any object from the phenomenal world, but with the interpersonal relation, that leads to desire confrontations and that it deserves to be observed, judicially, according to the singularity of the situation, for a partial decision on behalf of the emancipation and dignity of the human person.