Juridical-political contributions of the German State Derivation Debate to a marxist theory of the International Legal Subjects

• Autor(a) principal: Debastiani, Luiz Henrique
• Data de Publicação: 2023
• Outros Autores: Canzi, Idir
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Sequência (Florianópolis. Online)
• Texto Completo: https://periodicos.ufsc.br/index.php/sequencia/article/view/95019
• topic: State Derivation Debate; Commodity Form; Marxism; International Legal Subjects; Debate da Derivação do Estado; Forma-mercadoria; Marxismo; Sujeitos de Direito Internacional.

This article aims to analyze the State Derivation Debate (Staatsablaitungsdebatte) as a materialist theoretical alternative - with a Marxist bias - for the critique of the State and the Law, focusing on its juridical-political characterization of the Legal Subjects in the international system, still little addressed in the Brazilian academy, especially in the legal sciences. The practical methodological strategy is deductive-inductive and qualitative with the articulation of the wide available bibliographical analysis, applying to it the theoretical method of historical-dialectical materialism, directed to the legal phenomenon. Its conclusions are that, for the Derivation Debate, as carriers of commodities in the international market, States do not enjoy universally guaranteed rights – consolidated in the principles of Public International Law – just because of the natural or positive nature of these rights, but because of the specificity of the commodity form in capitalism, causing such rights to be relativized in their effectiveness according to the role that a given State plays in the global scenario, as well as the material moment of the class struggle within that given state entity.