Banca de DEFESA: FRANCISCA DOS SANTOS SOBRAL

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : FRANCISCA DOS SANTOS SOBRAL
DATE: 11/08/2023
TIME: 14:00
LOCAL: on-line
TITLE:

THE MANIPULATORY NATURE OF LAW FROM THE LUKACSIANA PERSPECTIVE AND ITS LEGAL SUPPORT IN CAPITALISM

KEY WORDS:

 Being Social. Work. Right. Ideology. Class struggle.

PAGES: 138
BIG AREA: Ciências Sociais Aplicadas
AREA: Serviço Social
SUMMARY:

This thesis aims to apprehend the ontological foundations of the social complex of law in George 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), Sérgio 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. 

BANKING MEMBERS:
Interno(a) - 1121120 - EDLENE PIMENTEL SANTOS
Interno(a) - 1348536 - MARIA CRISTINA SOARES PANIAGO
Presidente - 1121107 - MARIA NORMA ALCANTARA BRANDAO DE HOLANDA
Interno(a) - 1119849 - MARIA VIRGINIA BORGES AMARAL
Externo(a) à Instituição - RENATA RIBEIRO ROLIM
Externo(a) à Instituição - SILENE MORAES FREIRE - UERJ
Externo(a) ao Programa - 2534407 - TALVANES EUGENIO MACENO