Michel de Certeau and the microressistences of the common hero: a possibility of understanding the daily life in of the Law from the whisper of society

Abstract

This article analyzes, through the bibliographic review, the possibility of using Michel de Certeau’s theory of everyday practices in legal researches as a theoretical foundation and methodological approach. From the understanding of the law as a cultural product and the categories of analysis proposed by Certeau, we identified the legal order as belonging to the strategies, as it presents itself as a space of discipline; Already in the shares of the anonymous crowd, which opens spaces of micro-resistances and microliberties within the legal system, but, without breaking with it, we identify the tactics. As a theoretical basis, it has proved to be relevant for the analysis of the social efficacy of legal norms because it allows for understanding from the bias of the daily practices of the consumer of the legal system. In the methodological aspect, this theory gives the researcher the possibility of knowing the field of research from the inside, considering the various aspects that influence the understanding of the studied practices from its use by the society itself. We conclude that it is advantageous to use the daily theory as a theoretical basis, as a methodological approach in legal research.