Defesa social e marxismo: uma leitura de E. B. Pachukanis à luz da crítica do valor

Abstract

The dissertation is based on the Value criticism (focusing on the study of the capitalist production sphere) to analyze “Teoria Geral do Direito e Marxismo”, by Evgeny Bronislavovich Pachukanis. The main objective is to investigate whether there were in Pachukanis(1988) reminiscences of ideologies of bourgeois modernization, in particular, permanences of the Social Defense Ideology, thus legitimizing, in the book, the social form of bourgeois criminal law. In this trajectory, it was possible to elaborate - from a creative interpretation of Pachukanis' work - a Marxist categorical criticism of the category of penalty, in order to radically deny such category. “Teoria Geral do Direito e Marxismo” has a visionary character that so approached it to the Value criticism. However, there is the influence of traditional Marxism in this book, which ends up ontologizing the category of work and by ontologizing the category of penalty, thus recreates in it the bourgeois ideology of social defense. More than that, these analysis of Pachukanis(1988) is the indication of a whole tradition of Marxism inscribed in part of critical criminology that ontologizes the category of work and by derivation ontologizes the category of penalty. At the end of the study, what is pointed out in this dissertation is that, in the face of this scenario of total collapse of global capitalism, it is necessary to continue to formulate a negative-emancipatory macro-theory of capitalism in the Marxist field of critical criminology