Direito e ideologia: uma perspectiva à compreensão das ocupações urbanas e à pouca efetividade de instrumentos urbanísticos na sociabilidade capitalista

Abstract

In this research, an analysis is carried out on the production of urban space in relation to two aspects: urban occupations and the lack of effectiveness in the use of urban planning instruments for regulating the use and occupation of land, in the context of Brazilian capitalist sociability. In this sense, we seek to answer whether those occupations position themselves as spaces of the common, separated from capitalism, or reaffirm their own forms, and also, what could explain the little implementation of those instruments. To this end, historical materialism is used as a research method, and the support of critical authors such as Henri Lefevbre, Ralquel Rolnik, Ermínia Maricato and Ana Carlos Fani Alessandri in relation to the urban, and also, Evguiéni Pachukanis, Louis Althusser and Alysson Mascaro. It starts from the premise that in capitalism social relations take on the specific form of capital through “relational abstractions” that impose on subjects a social practice independent of their individual will. It is the social forms, historically determined, that act as principles of socialization determining the behavior of individuals. In these terms, law and the State would derive from the social practice itself generated by the relations of commercial circulation, that is, from the commodity form, the nucleus of capitalist engendering. Amalgamated to this social reiteration is the ideology of capital, which is reproduced by the ideological apparatuses of the State distributed throughout sociability, which would guarantee capitalist reproduction through its social action in the sense of constituting the subjectivity of each individual in the mold of forms social. In addition to this theoretical framework, this research includes a case study on the Manoel Congo occupation, located in the city of Rio de Janeiro, as a way of realizing in practice the application of the exposed theories, as well as in relation to the research 'No ceiling there was nothing: Because the Land Regularization Instruments have not (yet) implemented the Right to Housing in Brazil', implemented by UERJ. Based on the exposed context, we intend to develop a reflection to understand the research questions and discuss how the production of space is determined.