Poder Judiciário, forma política estatal e autonomia relativa: a especificidade do aparelho de justiça no capitalismo

Abstract

This thesis investigates the genesis and role of courts in capitalist social relations. Based on the Marxist theory of law formulated by the Soviet jurist Evguenis B. Pachukanis, where his conception of law and the relative autonomy of the state is highlighted, the aim is to identify the specificity and mode of action of the Judiciary considered from a comprehensive level of abstraction, locating its position in the midst of the social forms inherent to this mode of production - in particular the commodity form, legal form and state political form. The aim is also to understand the judiciary from a meso level of abstraction, in order to shed light on the different configurations that the courts take on within capitalism. With this, this research aims to contribute to a better understanding of the judiciary in the Marxist debate and to clarify the role that Pachukanis gave to the courts in his legal theory, which has been neglected by the Pachukanian debate to which this research belongs. Indirectly, it is believed that this study, by achieving a greater understanding of the justice system, also contributes to a greater understanding of the state itself as a social form.