Mercantilização das situações existenciais: critérios e limites mínimos de admissibilidade

Abstract

In recent decades, in parallel to the growth of hyper consumption phenomenon, there has been an increasing debate about the invasion of market values in areas of social life where existential logic should prevail. The social sciences and, particularly, Law have not inertly watched the world's invasion of life by capital, behold, share a common fear about the growing influence of the principles of business logic on the human relations. The objective of this study is to discuss the commodification of existential situations, discussing the various elements and institutes of civil law related to the theme, so that, in the end, it can establish criteria and thresholds for the admissibility of such negotiations. For this purpose, in a first stage, seeks to work one functionalized overview of the concepts of existential and of personal rights situations, drawing a parallel between the debate on the alienability of personality rights and the commodification of existential situations. In addition, it seeks to contextualize the issue of commercialization of existential situations in the philosophical field, bringing the thoughts of some of the great contemporary theoretical social science thinkers and also making the timely analysis of some currently existing barriers in law the marketing of existential situations. In a second stage, seeks to answer the question about the possibility of commercialization of existential situations, starting from the case of reflection on the commercialization of virginity on social networks, conducting an analysis of the body and its representations, as well as its protection by the law. Seeks a historicized analysis of escalating appreciation of consent in the legal system, drawing a parallel with these developments redimensionising autonomy. In addition, traces an evolutionary line of the availability of the body throughout history, from ancient times, through modernity to the present day. At the end, it will address the principle of non-commercialization of the bodies (or sub-principle of non-commercialization of the person, or, principle of free off-balance situations) performing an overview on the issue of commercialization of the body and the feminist debate on regulation of prostitution activity. In the end, it proposes criteria and limits the commercialization of existential situations, using the theoretical propositions of civil and constitutional methodology.