Tutela coletiva em disputa: uma análise gramsciana do instituto

Abstract

This work aims to define and present the collective protection under different aspects and perspectives. In this way, not only the historical processes that involved the creation of the collective protection in Brazil were analysed, but also the processualist s view on the subject, as well as its application in the Judiciary. Two cases of the Center of Lands and Housing of the Public Defender's Office involving the collective protection regarding housing issues were studied: Metro-Mangueira and Restinga. The empirical reality was analyzed from the concepts of Gramsci. In this way, history is understood from its complexity and contradictions. In addition, empirical data were analysed through the Gramsci's notions of "civil society," "political society," "extended state," "historical bloc," and "hegemony". From this, it is possible to understand the importance of the hegemonic dispute within the historical bloc, with a revaluation of the struggle in the superstructural scope, including in the Law and in the collective protection. In this way, it is a revolutionary task to dispute the collective protection through the contest of the collective processual juridical dogmatics and its practical use, producing a counter-hegemonic theory and increasing the possibilities of its political use by the revolutionary class