Acumulação do capital, infância e adolescência: um estudo sobre ser criança no capitalismo

• Autor(a) principal: Melo, Camila Gibin
• Data de Publicação: 2022
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/25819
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL; Capitalismo; Criança e adolescente; Crítica marxista do direito; Eca; Capitalism; Child and adolescent; Marxist criticism of law; ECA

This thesis aims to present the fundamental premises necessary for the study of the situation of Brazilian children and adolescents. To this end, an effort was made to develop the connections between children and adolescents and capitalist social relations. Using as theoretical reference the Marxist critique of law, the role attributed to children and adolescents during the different phases of capitalist accumulation was questioned, bringing to the forefront of national and international historical facts their protagonist. Thus, we sought to understand the relations of exploitation and oppression experienced by children and adolescents during the history of capitalism, as well as their participation in uprisings and revolutions. We reflected that the capitalist accumulation of today has new aspects, and among these new aspects is the updating of legal instruments. We discuss, therefore, how the study on the juridical form, having as main author E. Pachukanis, could contribute to understand to what extent the legal "achievements" for childhood, the status subject/object of law, cooperate to the protection of children and adolescents or reinforce and update new forms of capitalist accumulation "in the name of childhood", which we call the Industry of Integral Protection. We try to overcome the readings that emphasize the culturalist aspect (culture of minorism) and the history of the "achievements" of the laws for the understanding of childhood, and thus we apprehend the effects and legal traps of the "protective" discourse, which led to the capture of popular movements in defense of childhood, transformed into legal languages: NGOs, Conferences and Councils of Rights, legalizing childhood. To this end, the thesis uses authors such as B. Edelman. We observe that the Statute of the Child and Adolescent (ECA) corresponds to the expression of the most "finished" form of the Brazilian capitalist social relation. What we have in the content and normative principles of the ECA is not a novelty of a popular conquest, but the updating and modernization of the legal status, which corresponds to the contemporary capitalist phase, in which generalized formal equality (for all children, without class distinctions), as implied in the Statute, characterizes the neoliberal capitalist society itself in the peripheral countries, so that mercantile exchanges and spoliations/expropriations - childhood as subject merchandise or as object merchandise and all as free owners - are realized and deepened. In other words, the ECA corresponds to the maximum stage of completeness of the law as part of the advance of the productive forces of modernization and industrialization of the country, corresponding to the new capitalist phase. It is childhood integrated to capital in its maximum stage