ZERO DIMENSION OF FUNDAMENTAL RIGHTS: PERFORMATIVITY, RECOGNITION, AND NORMATIVE SUBVERSION IN LEGAL PRACTICE IN THE RECIFE DISTRICT FROM THE PERSPECTIVE OF "LAW FOUND IN THE STREET" AND JUDITH BUTLER'S THEORY

Abstract

This paper proposes to investigate how the basic dimension of fundamental rights can be understood as an emancipated, performative, and dissident social practice, based on "Law Found in the Street" and Judith Butler's theory of performativity and recognition. It analyzes a "zero dimension of fundamental rights," the "right to have rights," practiced by collectivities through performative and vindicatory language. The research reflects on experiences from peripheral and social movements in the city of Recife that assert themselves as subjects of law in the face of legal formalism. Methodologically, a hypothetical-deductive method with a mixed approach (quantitative and qualitative) is adopted, using ethnography and interviews. Theoretically, it concludes that social action can be a legitimate manifesto of this preliminary dimension, essential for the consolidation of the other dimensions of rights within society.