Capitalismo dependente e regulação social: das categorias econômicas aos conceitos jurídicos fundamentais

Abstract

The present work seeks to analyze the functioning of social regulation in a Latin American context marked by “dependent capitalism”. To do so, it starts with the need to understand the essential common characteristics of societies in which the capitalist mode of production predominates, locating the methodological and epistemological tools necessary for theoretical construction at different levels of abstraction, in order to encompass the processuality of legal categories and concepts in both their diachronic and synchronous aspects. In this sense, the notion of law is constructed as a social relationship that progresses to a regulatory system, specializing in branches that perform different functions within the bourgeois order. By establishing that these elements reflect and relate to the way in which society produces, it becomes possible to criticize no longer a State or law in abstract, but effectively to particularize its determinations, now from a lower degree of abstraction in specific social formations. Latin American formation is formulated, in this analysis, from the framework of the Marxist Theory of Dependency, a current that aims to deconstruct the ideas that understand the economic and social configuration of peripheral countries as an “immature capitalism” or that would need impulses to reach the supposed level of civilization of countries with central capitalism. On the contrary, the configuration of Latin American capitalism is exposed as mature capitalism, as developed as European, North American or Asian, however, with a different quality. It was possible to identify, following the path of Ruy Mauro Marini, that because peripheral capitals have a conditioning situation in which repeatedly transfers capital to countries with a greater organic composition, which results in a higher exploitation of the workforce in order to compensate regular losses, a relationship shaped by the binomial: transfer value – superexploitation. It is proposed to use social regulation as a mediation category that reflects and dialogues with a determined model of accumulation, here equally denominated “pattern of capital reproduction”. These categories allow to overcome the strict notion of “law” in more concrete analyzes and draw a general picture of the main determinations that social regulation assumes in a dependent formation, based on the severance of financial regulation; market regulation; political regulation and workforce regulation.