Teoria monetária do direito: elementos para uma nova abordagem marxista

Abstract

This thesis aims to present the fundamental premises necessary for the study of capitalist socio-juridical reproduction. Starting from Marxist analyses regarding the meaning of the “financialization of the economy”, it questions to what extent the form-value approach could contribute to the overcoming of readings that emphasize only the instrumental aspect of law for the maintenance of the ruling class domination. After discussing the inadequacies of some philological attempts to reconstruct the theory of value, the determination of the level of abstraction from the critique of political economy and its limits establishes a bridge for the discussion of Marx's ambivalences and, from them, the categorical significance of financial domination. Since this is structured through an accumulation of claims over production – a moment when the position of interest bearing capital gives rise to a series of legal representations – the research presents the limits of Pachukanis' reflection on the legal form and its alleged linkage to the commodity form in order to deal with the issues underlying the fetishism of capital and its inversion of the world. After highlighting the reductionisms in the explanatory scope of The General Theory of Law and Marxism - notably with regard to understanding the meaning of simple circulation for the critique of political economy - an initial systematization of the meanings of modern legality is offered from the movement of position, denial, replacement and deepening of the exchange of equivalents in Capital. Faced with the blend between legal manifestations and the metamorphosis of money, a monetary theory of law is presented both as a result of the research and as a condition for the expansion of the study of socio-legal reproduction.