A presença de Althusser no debate pachukaniano brasileiro: entre limites e tensões

• Autor(a) principal: Silva, Vinícius Lima da
• Data de Publicação: 2020
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/18015
• topic: Law; Class Struggle; Louis Althusser; Pachukanis; E.P Thompson; Direito; Luta de Classe; CIENCIAS SOCIAIS APLICADAS::DIREITO::TEORIA DO DIREITO

The object of this dissertation is the reception of the work of E.B. Pachukanis in Brazil, specifically that one captained by Márcio Bilharinho Naves, deeply influenced by Louis Althusser. The choice of the object resulted from the restlessness caused by the absence of debate on class struggles, perceived yet in preliminary reading. The problematic was built from the inquiry about which theoretical and methodological assumptions it would be possible to construct an approach to the Pachukanian work, alternative to the reading performed under althusserian lenses, capable of understanding the relationship between Law and class struggle. It was developed the hypothesis that the notions of experience and agency, the concepts of social class and class struggle, as well as the conception of history and historical knowledge, as formulated by the English historian E.P Thompson, would constitute some important theoretical tools to, from Pachukanis, understand the dynamics between Law and class struggle.The fundamental objective was to propose an alternative approach to the categories legal form, subject of law; legal freedom and legal equality, resuming the class struggle as a theoretically distinguishable analytical category. To this end, I developed the dissertation from three main moments: a description of Althusser's formulation and that of his Brazilian readers identified with marxist critique of law; an interpretation of Thompson's historiography and the meaning of active critique of historical materialism; and, finally, a critique of the Althusserian reception of General Theory of Law and Marxism. I conclude by revisiting the category subject of law, seeking to connect a Thompsonian reading of Pachukanis and an approach of the theme of expropriations.