Produção e consumo de leis penais no capitalismo: o fetichismo da mercadoria

Abstract

The dialectical historical process is accompanied not only the transformation of the normative content of the laws, but the transformation of their own legal form itself. As the organization of production will be developing more complex social relationships, the categories of law have also become more complex, increasingly autonomous and defined. Capitalism is a movement, as such, if you stop, can not sustain itself. If all the people staying at home, still without consuming, the system collapses, because the commodity needs to circulate. Also, the criminal justice system needs to produce punitive rules to keep, even though the circulation of them happen based only on their symbolic value. the production of criminal law reproduces the logic of commodity production, which, by means of fetishism, secretes the value of the use-value, enabling laws are created regardless of whether they are useful, but only to move and strengthen the structure punitive . Understanding the split between value and usefulness is essential to clarify the fetishism of the criminal provision, which manifests itself through the expansion of criminalization and increased penalties. As much as it has clear inefficiencies in the production of punitive laws to solve social problems, creation of new crimes is anchored in its value, separated from its practical usefulness.