A natureza manipulatória do direito na perspectiva lukacsiana e sua sustentação jurídica no capitalismo

Abstract

This thesis aims to apprehend the ontological foundations of the social complex of law in Georg Lukács and his manipulation mechanisms of social reality. The investigation process was based on historical-dialectical materialism and resorted to bibliographical research using the resource of immanent analysis of some chapters of the main works that gave the discursive axis of the object, namely: “For the ontology of the social being – Volume I and II” (2018) by George Lukács, “O Capital – Critique of Political Economy” (1996) by Karl Marx and “General Theory of Law and Marxism” (2017) by Evigueni Pachukanis, as well as other authors who were fundamental for the theoretical deepening such as István Mészáros (2008, 2011a, 2011b), Sergio Lessa (2011, 2012, 2020), Ivo Tonet (2011, 2016), Dario Melossi and Massimo Pavarini (2010). Starting from the materialist ontology, we were able to apprehend the ontological determinations that constitute the spheres of being in general and the ontological leap that led to the emergence of the social being from work, as well as all sociality that unfolds from it, conferring everything that is new not be social. With the removal of natural barriers and the increasing development of productive forces, new social complexes are emerging to deal with the needs produced by the social being beyond those mediated directly to the transformation of the natural environment, as is the case of law. This allowed the understanding of the object in its genetic sense, as a result of specific material and social conditions that demanded its genesis as a phenomenon inscribed in the scope of social reproduction, this because only in certain historical conditions does the regulation of social activities acquire a legal performance. A question that allowed us to criticize legal positivism by conceiving law as a complex exclusively based on positively established legal norms, separating it from the foundations of social life and placing it above society and social classes. Thus, an attempt was made to demystify the fetishizing content of its formal and abstract postulates that corroborate the manipulation of the social reality constructed by the contradiction of private interests. The law as an ideological complex will reach its full maturity in the bourgeois sociability in which the commodity fetish necessarily demands the legal relationship between equal private owners in the exchange process,having in the legal form of the contract one of its main links. This thesis highlights the manipulation exercised by the social complex of law by regulating the social events that emanate from the material base of this sociality, providing the conditions that give operationality to salaried work under the dominion of capital, posing as an obstacle to the revolutionary and radical movement of the proletariat whose horizon of struggles must go beyond the narrow horizon of bourgeois right.