O debate sobre a forma jurídica na dinâmica histórica e econômica do Brasil

• Autor(a) principal: Erkert, Jonathan Erik Von
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23801
• topic: Capitalismo; Marxismo; História brasileira; Direito; Cidadania; Capitalism; Marxism; Brazilian History; Law; Citizenship; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This paper describes the study of the evolution of the Brazilian economy from its colonial era until the early twentieth century from the tradition of Marxist interpretations of the political economy present in our conformation as a national space, and how this development features imprinted to Brazilian law. Comparing authors who address the structural economic formation of Brazil, the paper presents the various perspectives on the relevance of the use of Marxist tools of this analysis, since the vision of exportacionist Caio Prado Júnior to the claims of colonial modes of production carried out by more recent authors in our history. Keeping the focus of analysis in the present relations of production in the colony, in correlation with the productive forces present in its economic base, labor demand in the general framework of Brazilian social-economic formation, said slave labor as the main category of Marxist analysis required the understanding of our training. The slave, often seen as a "thing" in capital or durable asset in the productive sphere, it is stated in this scenario as a possible social actor, as they negotiated with their masters, out of the exportacionist cycle produces and markets products under certain circumstances in their own name. In the eventuality of being involved in the supply chain is to be noted that they act as a "prototype subjects of law," even if the legislation in the colony is still centuries from recognizing them with being able to freely express their will or to have legal rights. Therefore, the possibility of determining the ability of being the individual a holder of these rights is not regulated by law, but enabled or not by the reality that is observed in the mode of production in the colony.