A teoria crítica e os conceitos de emancipação e libertação na filosofia do direito

Abstract

In the foreground, the present ¬ - the fruit of a bibliographical survey - aims at lecturing on the Critical Theory of the Frankfurt School, which favors the concept of emancipation. In the second plane, the unfolding of this concept, so dear to the Philosophy of Law, will be approached. This is because the thinkers of Critical Theory, practitioners conscious of a transdisciplinarity, have developed tools of analysis that touched in diverse fields of the human sciences, such as Political Science, Philosophy, Sociology, Psychoanalysis and - why not? - Law. This term refers to a group of researchers who were enabled to perform the task of revisiting the works of Karl Marx, in order to, from them, to critically rethink the actuality of the time. In this sense, the motto of the researchers was, for much of the time, the debate about an effective emancipation, since this, apparently, is not a logical consequence of a supposed progress. The word reverberated, in turn, in other cultures, as in Latin American, in order to gain a new meaning, which gave rise to "liberation." Thus, as will be shown, the Philosophy of Law was not alien to this philosophical movement, since it originated a field of study itself called the Critical Theory of Law, which opposed positivism.