Examinando a resistência sob ótica jurídico-política: historicidade e contradições no interior da totalidade social

• Autor(a) principal: Clemente, Danielly Pereira
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/123456789/19181
• topic: Direito de resistência; Paradoxos jurídicos; Marxismo; Right of resistance; Legal paradoxes; Marxism; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study aims to examine what the right of resistance is about. The reason for this is that, for the purpose of this research, the dogmatic assumption of a right of resistance is a presumption which must be demonstrated. Thus, the following problem arises: is the resistance a matter of right or a matter of fact? This controversy raises the hypothesis that resistance is linked to the factual context and when it is aggregated to the Law vocable, it is in the perspective of justification and legitimation of the social struggle process. To address this issue, an investigative work using the dialectical historical materialist method is conducted, with which the so-called right to resist is examined based on the categories of historicity and totality from a marxist theoretical framework. Therefore, a contextual analysis of the philosophical legal foundations that give this issue theoretical and practical support is made. Next, the findings of the historical analysis are submitted to the marxist criticism of the State, the law and the violence. The paradoxes and contradictions found enable the visualization, from the perspective of the concrete reality, of the foundations that compose the so-called law of resistance and its purposes that at first sight are not shown. The persistent legal and philosophical discussion between natural law and positive law is crucial to the appointment of the theoretical abyss that traditional thinking does not care to unveil, given that the ideals of justice, the common good, democracy and citizenship are taken as sufficient. In this sense, the marxist critique of law, State and Law, and violence, play the role of uncovering the limits and legal political obstacles that reverberate in the characterization of resistance as a right. It is finally understood that within the legal technique, it is not appropriate the composition of a subjective right which does not foresee sanctions to noncompliance or which forces the overthrow of the order that legitimizes it, leaving us the alternative of pointing out resistance as a juridical fact and not as a right.