THE DAREDEVIL OF HELL’S KITCHEN

BETWEEN SOCIAL CONTRACT AND SELF-GUARDIANSHIP

Abstract

Sociability passes through the eternal relationship between security and freedom, and the State, following the contractualist premises, uses part of the freedom of each of its citizens, obliging itself to give them back security since it has a monopoly on authorized violence. The present article makes an analysis on the self - defense exercised against the inefficacy of the State 's duty to punish. The option for the theme is justified once the object of the study is presented with high relevance in the contemporaneity, considering the cases of self-help that have been observed in society, in which individuals seek revenge / justice with their own hands in front of the inefficiency of the performance of the State, in its power / duty to watch over and punish. Thus, an alarming growth of such situations is seen, therefore, to analyze the phenomena of self-tutelage from the perspective of a fictional character, Daredevil, distancing the reader from the (pre) concepts imposed by the media and feelings of revenge, in order to demonstrate that the arbitrary exercise of one's own reasons must be avoided within the Democratic Rule of Law. The purpose of the present study is to verify if the inefficiency of the punitive function of the State triggers self-help movements, precisely to draw attention to the relation of the freedom / security binomial, from the breaking of the social contract when the State does not meet the expectations to the satisfaction of the citizens, since the public's trust in the police, the law and the judiciary is extremely fragile, corroborated by the ceaseless bombardment of the media, which often serves as a potential enabler of such conduct. The form of research used was the bibliographic research procedure and the hypothetico-deductive method.