O complexo do direito: entre a emancipação política e a emancipação humana

Abstract

This dissertation has as its object of study the complex of Law and its relationship with political emancipation and human emancipation. It’s purpose is unveiling the determinations of Law rescuing its socio-historical foundations based on bibliographic research, in order to understand the limits and possibilities of this complex in contributing to human emancipation. For this purpose, the research is guided by the methodological foundations established by Karl Marx, through the historical-dialectical method that allows to go beyond the immediacy of the facts. These foundations are found mainly in The German ideology (2009), in For the Jewish question (2009) and in The capital (1975); and also in Lukács (2013), Pasukanis (1972), Mascaro (2007), Lessa (2015), among others. Through these foundations, it is understood that the Law is a particularity of the social totality, which means that to be analyzed it must be referred to the totality of which the work is the founding category. According to Marx (1975), work is the category that not only founds the social being, but also determines the other social dimensions, including the Law. For this reason, even in capitalist society in which law gains its own specificity, it still remains ontologically linked to the social base that created it, which allows us to affirm that the struggle for rights in isolation does not contribute to human emancipation, on the contrary, it contributes to the reproduction of capital’s sociability. The struggle within the scope of law must, therefore, be linked to the revolutionary horizon that seeks the emancipation of humanity.