Que direitos humanos? Uma análise ontológica do direito na sociedade regida pelo capital

Abstract

This dissertation analyzes the genesis and law development in capitalist society, as a particular social complex whose aim is the law regulation of social activities determining the complexity of human sociability level. Furthermore, we evidence how the law emerged from the materialist ontological perspective, which presupposes understanding the real process based on the foundational act of social being, the work. We will see that this path enables us to understand that society is the history result and that it is essential to unveil its elements for a critical understanding of Marxism thought. Moreover this conception provides us with elements that support a radical and revolutionary conception of the world. We observe how, historically, Law comes to present itself as a mechanism for defending human life through demands brought by society itself in its historical, economic, political and social development. Beyond that, we observe how the French Revolution historically delimited the struggle for the so-called Human Rights and how it was constituted as the initial framework for the most diverse defense mechanisms and life protection of which we are aware in the contemporary world. In the meantime, we analyze the relationship of Human Rights with the emergence of the Modern State, proving its inherent functional nature to the established economic model. Finally, we analyze Marx's critique of Human Rights, understanding that they represent bourgeois man rights, since his claim falls within the political emancipation sphere, evidently necessary but entirely compatible with bourgeois society. We verify that life material conditions in contemporary times cry out for human emancipation and not just for political reforms. Thereto, we demonstrate the possibilities for radical overcoming of the existing order, of which the legal and political dimensions are integral parts.