Críticas marxistas ao estado e ao direito: os trabalhadores no estreito horizonte do direito burguês

Abstract

The theoretical accumulation of the critique of the State and of the Law and its respective practical-political contestation on the part of the working class, using as theoretical-methodological seat the Marxian social theory, goes through the contextualization of the historical process of establishment of the Bourgeois State, particularly related to the events of the eighteenth and nineteenth centuries: in the economic and political revolutions that had an impact on European social life, the working class emerged and changed knowledge. It is in the midst of an incursion by the incipient labor movement in Europe, exposing its main political practices and forms of organization, from the immediacy of the improvement of its working conditions to the great workers' organizations, in particular their revolutionary fringes. It elaborates a theoretical course of the insurgent Marxian social theory, its central categories and related historical events. From the Marx-Engelsian work, Marxism takes shape and engages the conquest of the workers 'fringes, which are now composed of international workers' organizations. The assumption taken is approach to Marxism as a great theoretical composite of a multiplicity of Marxisms. The question of the critique of the State and the Law is specifically based on the Marx-Engelsian work and the later elaborations of Pachukanis and Edelman. The aim is to reveal how the working class is prevented from emancipating itself beyond the capitalist social forms of state and law.