A CLOCKWORK ORANGE AND THE DESTRUCTION OF FREE WILL BY THE STATE THROUGH THE SANCTION OF CRIMINAL LAW

Abstract

The relativization of rights, excessive violence, and the desire for punishment are elements that have penetrated the core of society and, essentially, the structure of global criminal policy. With the help of the film A Clockwork Orange (1971), this study aims to examine the instruments of domination and subjugation outlined by the State with the aim of automating the free will of the subject who violates the penal norm, and to discuss the annihilation of the individual's fundamental rights in order to achieve this goal. To this end, a qualitative approach is adopted through a bibliographical survey of key authors for understanding the subject, such as Michel Foucault, Angela Davis, Álvaro Pires, Cezar Bitencourt, Immanuel Kant, among others. The research was carried out at the Laboratory of Philosophy, Law and Audiovisual Research (LAPEFIDA) of the State University of Bahia (UNEB). The conclusion is that, given the apparent ineffectiveness of the penal system in the application of its sanctioning methods to the imprisoned, the criminal justice system has taken thorny paths of violence and selectivity in its punishments, without effectively developing ethical and moral values and rehabilitating the offender.